A Bill to amend the National Institute of Design Act, 2014.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as

follows:—

1. (1) This Act may be called the National Institute of Design (Amendment) Act, 2018.

(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.

2. In the National Institute of Design Act, 2014 (hereinafter referred to as the principal

Act), in the long title, for the words "the institution known as the National Institute of

Design, Ahmedabad, to be an institution of national importance", the words "certain

institutions of design to be institutions of national importance" shall be substituted.

3. In section 1 of the principal Act, in sub-section (1), for the word "Institute", the word

"Institutes" shall be substituted.

Short title and

commencement.

Amendment

of long title.

18 of 2014.

Amendment

of section 1.

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EXTRAORDINARY

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PART II — Section 2

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No. 22] NEW DELHI, TUESDAY, DECEMBER 18, 2018/AGRAHAYANA 27, 1940 (SAKA)

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

REGISTERED NO. DL—(N)04/0007/2003—18

LOK SABHA

————

The following Bill was introduced in Lok Sabha on 17th December, 2018:—

BILL NO. 186 OF 2018

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

4. For section 2 of the principal Act, the following section shall be substituted,

namely:—

"2. Whereas the objects of the institutions mentioned in the Schedule, are such

as to make them institutions of national importance, it is hereby declared that each

such Institute is an institution of national importance.".

5. In section 3 of the principal Act,—

(i) for clause (d), the following clause shall be substituted, namely:—

'(d) "Director", in relation to any Institute, means the Director of such

Institute as appointed under section 18;';

(ii) for clause (e), the following clause shall be substituted, namely:—

'(e) "Fund", in relation to any Institute, means the Fund of such Institute

as maintained under section 23;';

(iii) for clause (f), the following clause shall be substituted, namely:—

'(f) "Governing Council", in relation to any Institute, means the Governing

Council of such Institute as constituted under section 11;';

(iv) for clause (g), the following clause shall be substituted, namely:—

'(g) "Institute" means any of the institutions mentioned in column (5) of

the Schedule;';

(v) for clause (h), the following clause shall be substituted, namely:—

'(h) "Institute campus" means the campus of an Institute as may be

established by such Institute at any place within India or outside India;';

(vi) for clause (k), the following clause shall be substituted, namely:—

'(k) "Registrar", in relation to any Institute, means the Registrar of such

Institute as appointed under section 20;';

(vii) after clause (k), the following clause shall be inserted, namely:—

'(ka) "Schedule" means the Schedule annexed to this Act;';

(viii) for clause (l), the following clause shall be substituted, namely:—

'(l) "Senate", in relation to any Institute, means the Senate of such

Institute;';

(ix) for clause (m), the following clause shall be substituted, namely:—

'(m) "Society" means any of the societies registered under the Societies

Registration Act, 1860, and mentioned in column (3) of the Schedule;';

(x) for clause (n), the following clause shall be substituted, namely:—

'(n) "Statutes" and "Ordinances", in relation to any Institute, means the

Statutes and the Ordinances of such Institute made under this Act.'.

6. For section 4 of the principal Act, the following section shall be substituted,

namely:—

"4. (1) Each Institute shall be a body corporate by the same name as mentioned in

column (5) of the Schedule.

(2) Each Institute shall have perpetual succession and a common seal, with

power, subject to the provisions of this Act, to acquire, hold and dispose of property,

Substitution

of new

section for

section 2.

21 of 1860.

Declaration of

certain

institutions as

institutions of

national

importance.

Amendment

of section 3.

Substitution of

new section

for section 4.

Incorporation

of Institute.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

both movable and immovable, and to contract and shall, by the said name, sue or be

sued.

(3) The body corporate constituting each Institute shall consist of a Chairperson,

Director and other members of the Governing Council for the time being, of the Institute.

(4) Any Institute may establish an Institute campus at such place within India or

outside India, as it may deem fit:

Provided that each campus of the National Institute of Design, Ahmedabad,

established before the commencement of this Act, at Bengaluru in the State of Karnataka

and at Gandhinagar in the State of Gujarat, shall be deemed to be the Institute campus

thereof.

Explanation.—The reference in this sub-section to the commencement of this

Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be

the 16th day of September, 2014. ".

7. In section 5 of the principal Act,—

(i) for clause (a), the following clause shall be substituted, namely:—

"(a) any reference to the Society mentioned in column (3) of the Schedule

in any law or in any contract or other instrument shall be deemed as a reference

to the corresponding Institute mentioned in column (5) thereof;";

(ii) in clause (e), the words "located at Bengaluru in the State of Karnataka and

at Gandhinagar in the State of Gujarat," shall be omitted;

(iii) the following Explanations shall be inserted, namely:—

"Explanation I.—The reference in this section to the commencement of

this Act shall, in relation to the National Institute of Design, Ahmedabad, be

deemed to be the 16^th day of September, 2014.

Explanation II.—The reference in this section to the commencement of

this Act shall be construed in relation to every Institute (other than the National

Institute of Design, Ahmedabad) as the reference to the date on which the

provisions of the National Institute of Design (Amendment) Act, 2018 comes

into force.".

8. In section 6 of the principal Act, in sub-section (1), for the words "the Institute

shall", the words "each Institute shall" shall be substituted.

9. In section 7 of the principal Act, in sub-section (1), for the words "The Institute", the

words "Every Institute" shall be substituted.

10. In section 8 of the principal Act, for the words "teaching at the Institute", the

words "teaching at each of the Institutes" shall be substituted.

11. In section 9 of the principal Act, in sub-section (1), for the words "the Institute",

the words "each of the Institutes" shall be substituted.

12. In section 10 of the principal Act, for the words "The following shall be the authorities

of the Institute", the words "Each Institute shall have the following authorities" shall be

substituted.

13. In section 11 of the principal Act, for the words "The Governing Council shall

consist of", the words "The Governing Council of every Institute shall consist of" shall be

substituted.

14. In section 15 of the principal Act, for the words "The Senate of the Institute", the

words "The Senate of each Institute" shall be substituted.

Amendment

of section 5.

Amendment

of section 6.

Amendment

of section 7.

Amendment

of section 8.

Amendment

of section 9.

Amendment

of section 10.

Amendment

of section 11.

Amendment

of section 15.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

15. In section 16 of the principal Act, for the words "the Senate of the Institute", the

words "the Senate of an Institute" shall be substituted.

16. In section 18 of the principal Act, in sub-section (1), for the words "the Institute",

the words "each of the Institutes" shall be substituted.

17. In section 20 of the principal Act, in sub-section (1), for the words "Registrar of the

Institute", the words "Registrar of each Institute" shall be substituted.

18. In section 22 of the principal Act, for the words "enabling the Institute", the words

"enabling an Institute" shall be substituted.

19. In section 23 of the principal Act, in sub-section (1), for the words "The Institute",

the words "Every Institute" shall be substituted.

20. In section 24 of the principal Act, for the words "the Institute", the words "any

Institute" shall be substituted.

21. In section 25 of the principal Act, in sub-section (1), for the words "The Institute",

the words "Every Institute" shall be substituted.

22. In section 26 of the principal Act, in sub-section (1), for the words "The Institute",

the words "Every Institute" shall be substituted.

23. In section 27 of the principal Act,—

(i) for the words "the Institute", the words "an Institute" shall be substituted;

(ii) in clause (a), for the words "Senior Designer", at both the places where they

occur, the words "Principal Designer" shall be substituted.

24. In section 29 of the principal Act, in sub-section (1), for the words "the Institute",

the words "each Institute" shall be substituted.

25. In section 30 of the principal Act, for the words "Ordinances of the Institute", the

words "Ordinances of each Institute" shall be substituted.

26. In section 32 of the principal Act, in sub-section (1), for the words "between the

Institute", the words "between an Institute" shall be substituted.

27. In section 33 of the principal Act, for the words "the Institute", the words "any

Institute" shall be substituted.

28. In section 34 of the principal Act, for the words "the Institute receives", the words

"an Institute receives" shall be substituted.

29. In section 35 of the principal Act, for the words "The Institute", the words "Every

Institute" shall be substituted.

30. In section 36 of the principal Act, for the words "to the Institute", the words "to

any Institute" shall be substituted.

31. In section 37 of the principal Act, for the words "the Institute", the words "every

Institute" shall be substituted.

32. In section 39 of the principal Act,—

(i) in clause (a), for the words "Governing Council of the Institute", the words

"Governing Council of an Institute" shall be substituted;

(ii) in clause (c), the words "located at Bengaluru or Gandhinagar, as the case

may be" shall be omitted;

Amendment

of section 16.

Amendment

of section 18.

Amendment

of section 20.

Amendment

of section 22.

Amendment

of section 23.

Amendment

of section 24.

Amendment

of section 25.

Amendment

of section 26.

Amendment

of section 27.

Amendment

of section 29.

Amendment

of section 30.

Amendment

of section 32.

Amendment

of section 33.

Amendment

of section 34.

Amendment

of section 35.

Amendment

of section 36.

Amendment

of section 37.

Amendment

of section 39.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(iii) the following Explanations shall be inserted, namely:—

"Explanation I.—The reference in this section to the commencement of

this Act shall, in relation to the National Institute of Design, Ahmedabad, be

deemed to be the 16th day of September, 2014.

Explanation II.—The reference in this section to the commencement of

this Act shall be construed in relation to every Institute (other than the National

Institute of Design, Ahmedabad) as the reference to the date on which the

provisions of the National Institute of Design (Amendment) Act, 2018 comes

into force.".

33. In section 40 of the principal Act, after sub-section (3), the following Explanations

shall be inserted, namely:—

"Explanation I.—The reference in this section to the commencement of this Act

shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the

16th day of September, 2014.

Explanation II.—The reference in this section to the commencement of this Act

shall be construed in relation to every Institute (other than the National Institute of

Design, Ahmedabad) as the reference to the date on which the provisions of the

National Institute of Design (Amendment) Act, 2018 comes into force.".

34. After section 41 of the principal Act, the following Schedule shall be inserted,

namely:—

Amendment

of section 40.

Insertion of a

new Schedule.

“THE SCHEDULE

[See sections 2, 3(g), (ka), (m), 4 (1) and 5 (a)]

Sl.

Name of the State

Name of the Society

Location

Name of the institutions

No.

under this Act

(1)

(2)

(3)

(4)

(5)

Gujarat

National Institute of Design,

Ahmedabad, a Society registered

under the Societies Registration Act,

1860.

Madhya Pradesh

National Institute of Design, Bhopal,

a Society registered under the

Societies Registration Act, 1860.

Assam

National Institute of Design, Jorhat, a

Society registered under the Societies

Registration Act, 1860.

Haryana

National Institute of Design,

Kurukshetra, a Society registered

under the Societies Registration Act,

1860.

Andhra Pradesh

National Institute of Design,

Amaravati, a Society registered under

the Societies Registration Act, 1860.

Ahmedabad

National Institute of

Design, Ahmedabad

Bhopal

National Institute of

Design, Bhopal

Jorhat

National Institute of

Design, Jorhat

Kurukshetra

National Institute of

Design, Kurukshetra

Amaravati

National Institute of

Design, Amaravati.”.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The National Institute of Design Act, 2014 was enacted to declare the National Institute

of Design, Ahmedabad to be an institution of national importance for the promotion of

quality and excellence in education, research and training in all disciplines relating to design.

2. In pursuance of the National Design Policy and to raise the design education to

global standard of excellence in all regions of India, the Government of India set up four new

National Institutes of Design at Amaravati in the State of Andhra Pradesh, Bhopal in the

State of Madhya Pradesh, Jorhat in the State of Assam and Kurukshetra in the State of

Haryana, as societies under the Societies Registration Act, 1860. Presently, the said Institutes

do not have the authority to grant degree, diploma and other academic distinctions. Therefore,

a need has been felt to give them statutory status so as to ensure the maintenance of similar

standards and quality of education in all areas or disciplines relating to design, as the

National Institute of Design, Ahmedabad. It is proposed to declare the aforesaid Institutes

as institutions of national importance and to confer power on them to grant degree, diploma

and other academic distinctions.

3. It is, accordingly, proposed to amend the National Institute of Design Act, 2014,

inter alia, to provide for the following:—

(a) to amend section 2 of the said Act, so as to declare the National Institutes of

Design at Amaravati in the State of Andhra Pradesh, Bhopal in the State of Madhya

Pradesh, Jorhat in the State of Assam and Kurukshetra in the State of Haryana, as

institutions of national importance;

(b) to substitute section 4 so as to provide for incorporation of each of the

aforesaid institutes;

(d) to amend section 27 of the said Act so as to designate the post of Principal

Designer instead of the Senior Designer, as equivalent to a Professor.

4. The Bill seeks to achieve the above objectives.

NEW DELHI;

SURESH PRABHU.

The 16th November, 2018.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Notes on clauses

Clause 2.—This clause seeks to amend the long title of the Act so as to substitute the

words "the National Institute of Design, Ahmedabad" with the words "certain institutions

of design" in view of proposed incorporation of new Institutions such as National Institutes

of Design at Amaravati in the State of Andhra Pradesh, Bhopal in the State of Madhya

Pradesh, Jorhat in the State of Assam and Kurukshetra in the State of Haryana.

Clause 3.—This clause seeks to amend section 1 of the Act to provide for substitution

of the word "Institute" with the word "Institutes" which are consequential in nature.

Clause 4.—This clause seeks to substitute section 2 of the Act to provide for declaration

of the institutions mentioned in the Schedule, as institutions of national importance.

Clause 5.—This clause seeks to amend section 3 of the Act to amend the definitions of

Director, Fund, Governing Council, Institute, Institute campus, Registrar, Senate, Society,

Statutes and Ordinances and to insert a new definition of Schedule.

Clause 6.—This clause seeks to substitute section 4 of the Act with a new section to

provide for the incorporation of each of the Institutes mentioned in the Schedule. It further

provides that each of the Institutes may establish Institute Campuses within or outside

India.

Clause 7.—This clause seeks to amend section 5 of the Act to provide that any

reference to the Society mentioned in the Schedule shall be deemed as a reference to the

corresponding Institute mentioned therein. It further provides that commencement of the

Act shall, in relation to National Institute of Design, Ahmedabad, be deemed to be 16th day

of September, 2014 and in relation to the other Institutes, be deemed to be the date on which

the National Institute of Design (Amendment) Act, 2018 comes into force.

Clause 8.—This clause seeks to amend section 6 of the Act so as to substitute the

words "the Institute" with the words "each Institute."

Clause 9.— This clause seeks to amend section 7 of the Act so as to substitute the

words "The Institute" with the words "Every Institute".

Clause 10.—This clause seeks to amend section 8 of the Act so as to substitute the

words "teaching at the Institute" with the words "teaching at each of the Institutes".

Clause 11.—This clause seeks to amend section 9 of the Act so as to substitute the

words "the Institute" with the words "each of the Institutes".

Clause 12.—This clause seeks to amend section 10 of the Act so as to substitute the

words "The following shall be the authorities of the Institute" with the words "Each

Institute shall have the following authorities".

Clause 13.—This clause seeks to amend section 11 of the Act so as to substitute the

words "The Governing Council shall consist of " with the words "The Governing Council of

every Institute shall consist of".

Clause 14.—This clause seeks to amend section 15 of the Act so as to substitute the

words "The Senate of the Institute" with the words "The Senate of each Institute".

Clause 15.—This clause seeks to amend section 16 of the Act so as to substitute the

words "the Senate of the Institute" with the words "the Senate of an Institute".

Clause 16.—This clause seeks to amend section 18 of the Act so as to substitute the

words "the Institute" with the words "each of the Institutes".

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Clause 17.—This clause seeks to amend section 20 of the Act so as to substitute the

words "Registrar of the Institute" with the words "Registrar of each Institute".

Clause 18.—This clause seeks to amend section 22 of the Act so as to substitute the

words "enabling the Institute" with the words "enabling an Institute".

Clause 19.—This clause seeks to amend section 23 of the Act so as to substitute the

words "The Institute" with the words "Every Institute".

Clause 20.—This clause seeks to amend section 24 of the Act so as to substitute the

words "the Institute" with the words "any Institute".

Clause 21.—This clause seeks to amend section 25 of the Act so as to substitute the

words "The Institute" with the words "Every Institute".

Clause 22.—This clause seeks to amend section 26 of the Act so as to substitute the

words "The Institute" with the words "Every Institute".

Clause 23.—This clause seeks to amend section 27 of the Act so as to substitute the

words "the Institute" with the words "an Institute" and the words "Senior Designer" with

"Principal Designer".

Clause 24.—This clause seeks to amend section 29 of the Act so as to substitute the

words "the Institute" with the words "each Institute".

Clause 25.—This clause seeks to amend section 30 of the Act so as to substitute the

words "Ordinances of the Institute" with the words "Ordinances of each Institute".

Clause 26.—This clause seeks to amend section 32 of the Act so as to substitute the

words "between the Institute" with the words "between an Institute".

Clause 27.—This clause seeks to amend section 33 of the Act so as to substitute the

words "the Institute" with the words "any Institute".

Clause 28.—This clause seeks to amend section 34 of the Act so as to substitute the

words "the Institute receives" with the words "an Institute receives".

Clause 29.—This clause seeks to amend section 35 of the Act so as to substitute the

words "The Institute" with the words "Every Institute".

Clause 30.—This clause seeks to amend section 36 of the Act so as to substitute the

words "to the Institute" with the words "to any Institute".

Clause 31.—This clause seeks to amend section 37 of the Act so as to substitute the

words "the Institute" with the words "every Institute".

Clause 32.—This clause seeks to make amendments to section 39 of the Act so as to

substitute the words "Governing Council of the Institute" with the words "Governing

Council of an Institute" and to omit the words "located at Bengaluru or Gandhinagar, as

the case may be". It further seeks to insert two explanations so as to provide that for the

purposes of the said section, the commencement of the Act shall, in relation to the National

Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014 and in

relation to every Institute (other than the National Institute of Design, Ahmedabad), the date

on which the provisions of the National Institute of Design (Amendment) Act, 2018 comes

into force.

Clause 33.—This clause seeks to insert two explanations in section 40 of the Act so as

to provide that for the purposes of the said section, the commencement of the Act shall, in

relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of

September, 2014 and in relation to every Institute (other than the National Institute of Design,

Ahmedabad), the date on which the provisions of the National Institute of Design

(Amendment) Act, 2018 comes into force.

Clause 34.—This clause seeks to insert a Schedule after section 41 of the Act containing

the names and particulars of the National Institutes of Design.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 4 of the Bill seeks to amend section 2 of the National Institute of Design Act,

2014 so as to declare the National Institutes of Design at Amaravati in the State of Andhra

Pradesh, Bhopal in the State of Madhya Pradesh, Jorhat in the State of Assam and

Kurukshetra in the State of Haryana, as institutions of national importance and clause 6

seeks to substitute new section for section 4, so as to provide for incorporation of each of

the said Institutes.

2. It is estimated that there would be an expenditure of approximately 434 crore rupees

for the establishment of these Institutes. Accordingly, a sum of 434 crore rupees was

sanctioned during the Twelfth Plan. The non-recurring expenditure is estimated to be 336.72

crore rupees and recurring expenditure is estimated to be 97.28 crore rupees. The expenditure

is met through budgetary provision of the Department of Industrial Policy and Promotion.

After the Institutes become fully operational and start generating revenues through fees,

consultancy income, etc., dependence on Government grants for recurring expenditure will

gradually reduce.

3. The Bill does not involve any other expenditure of recurring or non-recurring nature

from the Consolidated Fund of India.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clauses 24 of the Bill seeks to amend section 29 of the National Institute of Design

Act, 2014, so as to confer power on the Institutes of Design at Amaravati in the State of

Andhra Pradesh, Bhopal in the State of Madhya Pradesh, Jorhat in the State of Assam and

Kurukshetra in the State of Haryana to frame Statutes and clause 25 seeks to amend

section 30 of the said Act, so as to confer power these Institutes to frame Ordinances.

2. The matters in respect of which the Statutes or Ordinances may be made are matters

of procedure and administrative details, and it is not practicable to provide for them in the Bill

itself. The delegation of legislative power is, therefore, of a normal character.

————

SNEHLATA SHRIVASTAVA

Secretary General

MGIPMRND—2614GI(S3)—19-12-2018.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 2]

MANOJ

KUMAR

Digitally signed by

MANOJ KUMAR

Date: 2018.12.21

17:59:29 +05'30'