MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 30th July, 2021/ Sravana 8, 1943 (Saka)

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

30th July, 2021, and is hereby published for general information:—

THE NATIONAL INSTITUTES OF FOOD TECHNOLOGY,

ENTREPRENEURSHIP AND MANAGEMENT ACT, 2021

NO. 19 OF 2021

[30th July, 2021.]

An Act to declare certain institutions of Food Technology, Entrepreneurship and

Management to be the institutions of national importance and to provide for

instructions and research in food technology, entrepreneurship and management

and for the advancement of learning and dissemination of knowledge in such

branches and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the National Institutes of Food Technology,

Entrepreneurship and Management Act, 2021.

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

in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and

any reference in any such provision to the commencement of this Act shall be construed as

a reference to the coming into force of that provision.

Short title and

commencement.

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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. 31]

NEW DELHI, FRIDAY, JULY 30, 2021/SRAVANA 8, 1943 (SAKA)

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

xxxGIDHxxx

xxxGIDExxx

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—21

REGISTERED NO. DL—(N)04/0007/2003—21

सी.जी.-डी.एल.-अ.-30072021-228614

CG-DL-E-30072021-228614

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

2. Whereas the objects of the Institutes 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.

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

(a) "Board" in relation to an Institute means the Board of Governors referred to

in section 11;

(b) "Chairperson" means the Chairperson of the Board;

of the Schedule, means an Institute as specified in column (3) of the said Schedule;

(d) "Council" means the Council established under section 28;

(e) "Director" means the Director of the Institute appointed under section 19;

(f) "existing Institute" means an Institute mentioned in column (2) of the Schedule;

(g) "Fund" means the Fund of the Institute to be maintained under section 33;

(h) "Institute" means the Institute mentioned in column (3) of the Schedule;

(i) "Member" means a Member of the Board and includes the Chairperson;

(j) "notification" means a notification published in the Official Gazette;

(k) "prescribed" means prescribed by rules made under this Act;

(l) "Registrar" means the Registrar of the Institute appointed under section 20;

(m) "Schedule" means the Schedule appended to this Act;

(n) "Senate" means the Senate of the Institute referred to in section 16;

(o) "Society" means the existing Institute registered as a Society under the

Societies Registration Act, 1860; and

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

and Ordinances of that Institute made under this Act.

CHAPTER II

THE INSTITUTES

4. On and from the date of commencement of this Act, each of the Institute mentioned

in column (3) of the Schedule shall be a body corporate, having perpetual succession and a

common seal, with 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 the said name, sue

or be sued.

5. On and from the date of commencement of this Act,—

(a) any reference to an existing Institute in any other law for the time being in

force or in any contract or other instrument shall be deemed as a reference to the

corresponding Institute;

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

shall vest in the corresponding Institute;

the rights and liabilities of the corresponding Institute;

(d) every person employed by an existing Institute immediately before such

commencement shall hold his office or service in the corresponding Institute, with the

same tenure, for 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 had this Act not been enacted, and shall continue

to do so unless and until his employment is terminated or until such tenure,

remuneration, terms and conditions are duly altered by the Statutes:

Definitions.

Effect of

incorporation

of Institutes.

Incorporation

of Institutes.

21 of 1860.

Declaration

of certain

Institutes as

institutions

of national

importance.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

Provided that if the alteration so made is not acceptable to such employee, his

employment may be terminated by the Institute in accordance with the terms and

conditions of the contract with the said employee or, if no provision is made therein in

this behalf, on payment to him by the Institute, of compensation equivalent to three

months' remuneration in case of permanent employee and one month's remuneration

in the case of other employee:

Provided further that any reference, by whatever form of words, to the Director

or Vice-Chancellor, and other officers of an existing Institute under any law for the time

being in force, or any instrument or other document, shall be construed as a reference

to the Director, and other officers of the corresponding Institute;

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

research course in an existing Institute, shall be deemed to have migrated and registered

with the corresponding Institute, on such commencement at the same level of course

in the Institute from which such person migrated; and

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

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

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

6. (1) Subject to the provisions of this Act, each Institute shall exercise the following

powers and perform the following functions, namely:—

(a) to provide for instruction and research in such branches of food science and

food technology, and any other branches of engineering, technology, science and

management as the Institute may think fit, and for the advancement of learning and

dissemination of knowledge in such branches;

(b) to hold examinations and grant degrees, diplomas, certificates and 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 discipline of all categories of employees and

students of the Institute and to make arrangements for promoting their health, general

welfare, cultural and corporate life;

(g) to provide for the maintenance of units of the National Cadet Corps for the

students;

(h) to institute academic and other posts and to make appointments thereto

except the Director;

(i) to deal with any property belonging to or vested in the Institute in such

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

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

to receive bequests, donations and transfers of movable or immovable property from

testators, donors or transferors, as the case may be;

(k) to co-operate and collaborate with educational or other institutions in any

part of the world having objects wholly or partly similar to those of the Institute by

exchange of teachers and scholars and generally in such manner as may be conducive

to their common objects;

(l) to institute and award fellowships, scholarships, exhibitions, prizes and

medals; and

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

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

Powers and

functions of

Institutes.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) Notwithstanding anything contained in sub-section (1), an Institute shall not

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

Government.

7. (1) Each Institute shall be open to all persons irrespective of gender, race, creed,

caste or class, and no test or condition shall be imposed as to religious belief or profession

in admitting or appointing members, students, teachers, officers, employees or workers or in

any other connection whatsoever.

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

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

and object of this section.

(3) The admission to every academic course or programme of study in each Institute

shall be based on merit, assessed through transparent and reasonable criteria disclosed

through its prospectus, prior to the commencement of the process of admission by such

Institute:

Provided that nothing in this section shall be deemed to prevent the Institute from

making special provisions for the employment or admission of women, persons with disabilities

or for persons belonging to any socially and educationally backward classes of citizens and,

in particular, for the Scheduled Castes and the Scheduled Tribes:

Provided further that each such Institute shall be a Central Educational Institution for

the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006.

8. (1) Each Institute shall be a not-for-profit legal entity and no part of the surplus, if

any, in revenue of the Institute, after meeting all expenditures in regard to its operations

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

of the Institute or for conducting research therein.

(2) Each Institute shall strive to raise funds for self-sufficiency and sustainability.

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

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

CHAPTER III

THE AUTHORITIES OF INSTITUTES

10. The following shall be the authorities of an Institute, namely:—

(a) a Board of Governors;

(b) a Senate; and

of the Institute.

11. (1) The Board of Governors of each Institute shall be the principal executive body

of that Institute.

(2) The Board of each Institute shall consist of the following Members, namely:—

(a) a Chairperson, from amongst eminent persons distinguished in the field of

food industry or education or food science or food processing technology or

management or such other field, to be appointed by the Central Government;

(b) the Director of the Institute

— Member, ex officio;

Standards Authority of India or his nominee

— Member, ex officio;

(d) the Director-General of the Indian Council of

Agricultural Research or his nominee

— Member, ex officio;

Institutes to

be open to all

races, creed

and classes.

5 of 2007.

Institutes to

be not-for-

profit legal

entity.

Teaching at

Institutes.

Authorities of

Institutes.

Board of

Governors.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(e) one representative, not below the rank of a

Director, of the Ministry or Department of the Central

Government dealing with Food Processing Industries

— Member, ex officio;

(f) two representatives having special knowledge

in the field of food processing industry to be nominated

by the Central Government

— Members;

(g) one representative from an Indian Institute of

Management

— Member, ex officio;

(h) one representative from an Indian Institute of

Technology

— Member, ex officio;

(i) the Dean of Faculty of the Institute, if any

— Member, ex officio;

(j) Secretary to the Government of India in the

Department of Higher Education or his nominee

— Member, ex officio;

(k) three faculty members of the Institute from

amongst Professors, Associate Professors and

Assistant Professors, by rotation of seniority — Members, ex officio;

(l) one nominee of the concerned State

Government not below the rank of a Joint Secretary

— Member, ex officio; and

(m) Registrar of the Institute

— Member-Secretary, ex officio.

(3) The Chairperson shall have the power to invite any number of experts, not being

members of the Board, to attend meetings of the Board, but such invitees shall not be

entitled to vote at the meeting.

12. (1) Subject to the provisions of this Act, the Board of each Institute shall be

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

Institute and shall exercise all the powers of the Institute not otherwise provided for by this

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

Senate.

(2) Without prejudice to the provisions of sub-section (1), the Board of each Institute

shall exercise the following powers and perform the following functions, namely:—

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

working of the Institute;

(b) to examine and approve the annual budget estimates of the Institute;

identify sources of finance for implementation of the plan;

(d) to establish departments, faculties or schools of studies and initiate

programmes or courses of study at the Institute;

(e) to set-up centres of food processing studies and allied areas within the

country after approval of the Central Government;

(f) to grant degrees, diplomas and other academic distinctions or titles, and to

institute and award fellowships, scholarships, prizes and medals;

(g) to confer honorary degrees in such manner as may be specified by the

Statutes;

(h) to grant honorary awards and other distinctions;

(i) to create academic, administrative, technical and other posts and determine,

by Statutes, the qualification, classification, terms and conditions of service and method

of appointment of such posts;

Powers and

functions of

Board.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(j) to set-up centres of food processing studies and allied areas outside India in

accordance with the guidelines laid down by the Central Government from time to time

and in accordance with the provisions of the laws for the time being in force in such

foreign country;

(k) to pay, variable pay to the Director of the Institute on the basis of performance

objectives as may be specified by the Statutes;

(l) to make, amend and repeal the Statutes;

(m) to consider and modify or cancel the Ordinances; and

(n) to exercise such other powers and perform such other functions as may be

conferred on or assigned to it by this Act or the Statutes.

(3) Subject to the provisions of this Act, the Board may, by Statutes, delegate such

powers and functions of the Board to the Director as it may deem fit.

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

context of the achievements of objects of the Institute:

Provided that such review shall include performance review of faculty members of the

Institute on such parameters, periodicity and terms of reference as may be determined by the

Board.

(5) The Board shall, through an independent agency or group of experts, within a

period of three years from the date of incorporation of the Institute, and thereafter at least

once every three years, evaluate and review the performance of the Institute, including its

faculty, on the parameters of long term strategy and rolling plans of the Institute and such

other parameters as the Board may decide and the report of such review shall be placed in

public domain.

(6) The qualifications, experience and the manner of selection of the independent

agency or group of experts, referred to in sub-section (5), shall be such as may be specified

by the Statutes.

(7) The report of the evaluation and review under sub-section (5) shall be submitted

by the Board to the Central Government along with an action taken report:

Provided that the Central Government may after considering the report, give

suggestions to the Board for further actions to be taken by it.

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

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

in consultation with the Director, may issue such orders as may be necessary after recording

the grounds for his opinion:

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

meeting.

(9) The Board shall, in exercise of its powers and discharge of its functions under this

Act, be accountable to the Central Government, and the Central Government may issue

directions to the Board in public interest on the matters of policy.

(10) The Board shall have the power to appoint such Committees as it considers

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

13. (1) Save as otherwise provided in this section, the term of office of the Chairperson

or a Member, other than an ex officio Member, shall be for a period of three years from the

date of his appointment or nomination.

(2) 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 of the Board.

Term of office

of, vacancies

among, and

allowances

payable to,

Members of

Board.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) Notwithstanding anything contained in this section, an outgoing Member, other

than an ex officio Member, shall, unless the Council otherwise directs, continue in office

until another person is nominated as a Member in his place or until the expiry of six months

whichever is earlier.

(4) The Members of the Board, other than an ex officio Member, shall be entitled to

such allowances, as may be provided by the Statutes.

14. When a vacancy occurs in the office of the Chairperson or Member whether by

reason of removal, resignation, death or otherwise, such vacancy shall be filled within a

period of six months from the date of such vacancy in accordance with the provisions of

section 11.

15. The Chairperson or a Member, other than an ex officio Member, may, by notice in

writing under his hand addressed to the Central Government, resign his office:

Provided that the Chairperson or a Member, other than an ex officio Member, shall,

unless he is permitted by the Central Government to relinquish his office sooner, continue to

hold office until the expiry of six months from the date of receipt of such notice or until a

person duly appointed as his successor enters upon his office or until the expiry of his term

of office, whichever is the earliest.

16. (1) The Senate shall be the principal academic body of the Institute, consisting of

the following persons, namely:—

(a) the Director

— Chairperson, ex officio;

(b) the Registrar

— Member, ex officio;

appointed or recognised as such by the Institute for

the purpose of imparting instructions in the Institute

— Members, ex officio;

(d) three persons, not being employees of the

Institute, to be nominated by the Board in consultation

with the Director from amongst academicians of repute,

one each from the fields of food science, management

and food technology

— Members; and

(e) such other members of the staff as may be laid

down in the Statutes

— Members, ex officio.

(2) The term of office of a Member nominated under clause (d) of sub-section (1) shall

be two years from the date of his nomination.

(3) 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.

17. Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate

of an Institute shall have the control and general regulation, and be responsible for the

maintenance of standards of instruction, education and examination in the Institute and

shall exercise such other powers and perform such other functions as may be conferred on

or assigned to it by the Statutes.

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

Convocations of the Institute.

(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 functions

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

Filling of casual

vacancy.

Resignation of

Members.

Senate.

Functions of

Senate.

Powers and

functions of

Chairperson.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

19. (1) The Director shall be appointed by the Board.

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

and shall be responsible for the proper administration of the Institute and for imparting of

instruction and maintenance of discipline therein.

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

(4) The Director shall exercise such other powers and perform such other functions as

may be conferred on or assigned to him by this Act or the Statutes or Ordinances.

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

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

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

his charge.

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

Committees as may be specified by the Statutes.

(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 functions

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

21. The powers and functions of other authorities and officers, other than those

mentioned above, shall be such as may be determined by the Statutes.

22. All appointments of the staff of every Institute shall be made in accordance with

the procedure laid down in the Statutes, by—

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

Professor or above or if the appointment is of the non-academic staff in any post

which is above level 7 in the pay matrix; and

(b) the Director, in any other case.

23. 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;

to the examinations for degrees and diplomas of the Institute;

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

(e) the qualifications, classification, terms and conditions of service and method

of appointment to academic, administrative, technical and other posts;

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

the officers, teachers and other staff of the Institute;

(g) the constitution, powers and functions of the authorities of the Institute;

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

(i) the conditions for residence of students of the Institute and charging of fees

for residence in the halls and hostels and other charges;

(j) the manner of filling up the vacancies of Members of the Board;

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

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

Director.

Registrar.

Other

authorities and

officers.

Appointments.

Statutes.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(m) the financial accountability of the Institute;

(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; and

(o) any other matter which, by this Act, is required to be, or may be, specified by

the Statutes.

24. (1) The first Statutes of each Institute shall be framed by the Council with the

previous approval of the Central Government and a copy of the same shall be laid as soon as

may be after they are made 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 hereafter provided in this section.

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

Statute shall require the previous approval of the Central Government which may approve it

or remit it to the Board for consideration.

(4) A new Statute or a Statute amending or repealing an existing Statute shall have no

validity unless it has been approved by the Central Government.

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

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

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

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

Institute;

diploma courses and to the examinations of the Institute, 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 Institute; and

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

provided for by the Ordinances.

26. (1) Save as otherwise provided in this section, the 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 after it is made,

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 Ordinance and

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

as the case may be.

27. (1) Any dispute arising out of a contract between the Institute and any of its

employees shall, at the request of the employee concerned or at the instance of the Institute,

be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute,

one member nominated by the employee concerned, and an umpire appointed by the Central

Government.

(2) The decision of the Tribunal of Arbitration shall be final, and no suit shall lie in any

civil court in respect of the matters decided by the said Tribunal:

Statutes how

made.

Ordinances.

Ordinances

how made.

Tribunal of

Arbitration.

1 0

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided that nothing in this sub-section shall preclude the employee or the Institute,

as the case may be, from availing the judicial remedies available under articles 32 and 226 of

the Constitution.

(3) The Tribunal of Arbitration shall have power to regulate its own procedure.

(4) Nothing in any law for the time being in force relating to arbitration shall apply to

arbitrations under this section.

CHAPTER IV

THE COUNCIL

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

specify in this behalf, there shall be established a central body to be called the Council.

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

(a) the Minister in-charge of Food Processing

Industries, Central Government

— Chairperson, ex officio;

(b) the Minister of the State for Food Processing

Industries, Central Government

— member, ex officio;

Authority of India

— member, ex officio;

(d) the Secretary to the Government of India

in-charge of the Ministry or Department of the Central

Government dealing with Finance

— member, ex officio;

(e) the Chief Executive Officer, National Institution

for Transforming India

— member, ex officio;

(f) the Secretary to the Government of India

in-charge of the Ministry or Department of the Central

Government dealing with Higher Education

— member, ex officio;

(g) three representatives of eminence from Food

Processing Industry to be nominated by the Chairperson

of the Council

— members;

(h) three eminent academicians known for their

contribution in the field of food processing, to be nominated

by the Chairperson of the Council

— members;

(i) three Members of Parliament, of whom two shall be

elected by the House of the People and one by the Council

of States

—members:

Provided that the office of member of the Council shall

not disqualify its holder for being chosen as or for being a

Member of either House of Parliament;

(j) the Secretary to the Government of India

in-charge of the Ministry of the Central Government

dealing with Food Processing Industries

— Member-Secretary, ex officio.

(3) The Central Government may, by order, designate one amongst the members as

Vice-chairperson to the Council.

29. (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 for a period of three years from the date of

his nomination:

Provided that the term of member referred to in clause (i) of sub-section (2) of

section 28 shall come to an end as soon as the member becomes a Minister or Minister of

State or Deputy Minister or the Speaker or the Deputy Speaker of the House of the people or

the Deputy Chairman of the Council of States or ceases to be a Member of the House from

which he was elected.

(2) 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.

Establishment

of Council.

Term of office

of, vacancies

among, and

allowances

payable to

members of

Council.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) The members of the Council referred to in clauses (g) and (h) of sub-section (2) of

section 28 shall hold office during the pleasure of the Central Government.

(4) The vacancy of a member of the Council, other than an ex officio member, shall be

filled up in such manner as may be prescribed.

(5) 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 so nominated.

(6) Notwithstanding anything contained in this section, an outgoing member, other

than an ex officio member, shall, unless the Central Government otherwise directs, continue

in office until another person is nominated as a member in his place or until the expiry of six

months whichever is earlier.

(7) The members of the Council, other than ex officio members, shall be paid such

travelling and other allowances as may be provided by the Statutes.

(8) A member of the Council other than an ex officio member may be removed from

his office by the Central Government in such circumstances and manner as may be

prescribed.

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

the Institutes and it shall facilitate the sharing of experiences, ideas and concerns with a

view to enhance the performance of the Institutes.

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

the following functions, namely:—

(a) to lay down broader policy framework for the functioning of the Institutes;

(b) to recommend to the Central Government, the institution of scholarships

including for research and for the benefit of students belonging to the Scheduled

Castes, the Scheduled Tribes and other socially and educationally backward classes

of citizens;

referred to it by an Institute;

(d) to promote necessary coordination and co-operation in the working of the

Institutes;

(e) to review the achievement of policy objectives; and

(f) to perform such other functions as may be prescribed.

31. The Council shall meet at such time and place and follow such procedure in its

meetings (including quorum at such meetings) as may be prescribed.

CHAPTER V

FINANCE, ACCOUNTS AND AUDIT

32. For the purpose of enabling the Institutes 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 each of the Institute in each financial year such sums of money and

in such manner as it may think fit.

33. (1) Each Institute shall maintain a Fund to which shall be credited,—

(a) all moneys provided by the Central Government;

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

benefactions, bequests or transfers; and

(d) all moneys received by the Institute in any other manner or from any other

source.

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

or invested in such manner as the Institute may, with the approval of the Board, decide.

Functions of

Council.

Meetings of

Council.

Grants by

Central

Government.

Fund of

Institutes.

1 2

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) The Fund of each Institute shall be applied towards meeting the expenses of the

Institute including expenses incurred in the exercise of its powers and discharge of its

functions under this Act.

34. (1) Each Institute shall maintain proper accounts and other relevant records and

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

manner as may be prescribed by the Central Government in consultation with the Comptroller

and Auditor-General of India.

(2) The accounts of each Institute shall be audited by the Comptroller and

Auditor-General of India and any expenditure incurred by him in connection with such audit

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

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

connection with the audit of the accounts of any Institute 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 right to demand the production of books, accounts, connected

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

(4) The accounts of each Institute 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.

35. (1) Each Institute shall constitute for the benefit of its employees, including the

Director, in such manner and subject to such conditions as may be specified by the Statutes,

such pension, insurance and provident funds as it may deem fit.

(2) Where the provident fund referred to in sub-section (1) has been constituted, the

Central Government may declare that the provision of the Provident Funds Act, 1925 shall

apply to such fund as if it were a Government Provident Fund.

CHAPTER VI

MISCELLANEOUS

36. No act of the Council, or any Institute, or Board, or Senate or any other Committee

set up under this Act or the Statutes shall be invalid merely by reason of—

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

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

thereof; or

37. No suit, prosecution or other legal proceeding shall lie against the Chairperson or

Members of the Board, Senate or Council or any officer or employee of the Institute for

anything which is in good faith done or intended to be done in pursuance of the provisions

of this Act, the Statutes or the Ordinances.

38. (1) The Central Government may, by notification, make rules to carry out the

provisions 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 of filling up the vacancy under sub-section (4) of section 29;

(b) the circumstances and the manner in which a member of the Council may be

removed from his office under sub-section (8) of section 29;

Accounts and

audit.

Pension,

insurance and

provident

funds.

Acts and

proceedings

not to be

invalidated by

vacancies, etc.

Protection of

action taken

in good faith.

19 of 1925.

Power to

make rules.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

section 30;

(d) the time and place of meeting of the Council, its quorum and the procedure

for conducting business therein under section 31;

(e) the form and manner in which the annual statement of accounts including the

balance sheet shall be prepared under sub-section (1) of section 34; and

(f) any other matter which is required to be, or may be, prescribed.

39. (1) Every rule, every Statute and every Ordinance made under this Act shall be

published in the Official Gazette.

(2) Every rule, every Statute and every Ordinance made under this Act shall be laid, as

soon as may be, after it is made, before each House of Parliament, while it is in session, for a

total period of thirty days which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any modification in the rule,

Statute or Ordinance or both Houses agree that the rule, Statute or Ordinance should not be

made, the rule, Statute or Ordinance 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,

Statute or Ordinance.

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:

Provided that no order shall be made under this section after the expiry of three years

from the date of commencement of this Act.

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

before each House of Parliament.

41. Notwithstanding anything contained in this Act,—

(a) the Board of Governors of an Institute functioning as such immediately

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

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

under this Act, the members of the existing Board holding office before such constitution

shall cease to hold office;

(b) until the first Statutes and Ordinances are made under this Act, the Statutes

and Ordinances of the existing Institutes, as in force immediately before the

commencement of this Act, shall continue to apply to the corresponding Institutes in

so far as they are not inconsistent with the provisions of this Act.

Rules, Statutes

and Ordinances

to be published

in Official

Gazette and to

be laid before

Parliament.

Power to

remove

difficulties.

Transitional

provisions.

MGIPMRND—524GI(S3)—30-07-2021.

THE SCHEDULE

[See section 4]

Sl. No.

Name of existing Institute

Name of corresponding Institute

(1)

(2)

(3)

National Institute of Food Technology

National Institute of Food Technology,

Entrepreneurship and Management

Entrepreneurship and Management,

(NIFTEM) Kundli, Haryana.

Kundli, Haryana.

Indian Institute of Food Processing

National Institute of Food Technology,

Technology (IIFPT) Thanjavur,

Entrepreneurship and Management,

Tamil Nadu.

Thanjavur, Tamil Nadu.

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

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

————

ANOOP KUMAR MENDIRATTA,

Secretary to the Govt. of India.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II— SEC. 1]

JAGANATHA

N ANANTHA

KUMAR

Digitally signed

by JAGANATHAN

ANANTHA KUMAR

Date: 2021.07.30

22:15:22 +05'30'