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(813)
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Volume 152
¨ÉAUÀ¼ÀÆgÀÄ, UÀÄgÀĪÁgÀ, CPÉÆÖçgï 19, 2017 (D±ÀéAiÀÄÄd 27, ±ÀPÀ ªÀµÀð 1939)
Bengaluru, Thursday, October 19, 2017 (Aashawayuja 27, Shaka Varsha 1939)
¸ÀAaPÉ 41
Issue 41
¨sÁUÀ 4
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PÉÃAzÀæzÀ C¢ü¤AiÀĪÀÄUÀ¼ÀÄ ªÀÄvÀÄÛ CzsÁåzÉñÀUÀ¼ÀÄ, PÉÃAzÀæ ¸ÀPÁðgÀzÀªÀgÀÄ ºÉÆgÀr¹zÀ
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¥ÀÄ£ÀB ¥ÀæPÀlªÁzÀ DzÉñÀUÀ¼ÀÄ
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The Collection of Statistics (Amendment) Act, 2017 (No. 21 of 2017) ¢£ÁAPÀ 05-08-2017 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ
gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
Short title and
commencement.
THE COLLECTION OF STATISTICS (AMENDMENT) ACT, 2017
NO. 21 OF 2017
[4th August, 2017.]
An Act to amend the Collection of Statistics Act, 2008.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
1. (1) This Act may be called the Collection of Statistics (Amendment) Act, 2017.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In the Collection of Statistics Act, 2008 (hereinafter referred to as the principal Act),
in section 1, for sub-section (2), the following sub-section shall be substituted, namely:—
"(2) It extends to the whole of India :
Provided that it shall apply to the State of Jammu and Kashmir in so far as it
relates to statistics pertaining to matters falling under any of the entries specified in
List I (Union List) or List III (Concurrent List) in the Seventh Schedule to the
Constitution as applicable to that State.".
7 of 2009.
Amendment
of section 1.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 5th August, 2017/Shravana 14, 1939 (Saka)
The following Act of Parliament received the assent of the President on the
4th August, 2017 and is hereby published for general information :—
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3. In the principal Act, in section 2, after clause (d), the following clause shall be
inserted, namely:—
'(da) "nodal officer" means the officer designated as a nodal officer under
sub-section (1) of section 3A;'.
4. In the principal Act, after section 3, the following section shall be inserted, namely:—
"3A. (1) The Central Government or a State Government or Union territory
Administration shall designate one of its officers as a nodal officer for the purposes of
statistics under this Act.
(2) The nodal officer shall coordinate and supervise such statistical activities in
the Central Government or the State Government or Union territory Administration, as
the case may be, in which he is designated, and shall exercise such other powers and
perform such other duties, as may be prescribed.".
5. In the principal Act, in section 9, for sub-section (1), the following sub-section shall
be substituted, namely:—
"(1) The statistics officer or any person or agencies authorised under this Act
shall, for statistical purposes, use any information furnished under section 6 in such
manner as may be prescribed.".
6. In the principal Act, in section 33,—
(i) in sub-section (1), after the words "The Central Government may", the words
"subject to the condition of previous publication" shall be inserted;
(ii) in sub-section (2),—
(A) after clause (a), the following clause shall be inserted, namely:—
"(aa) the coordination and supervision of statistical activities by
the nodal officer and the powers and duties of the nodal officer under
sub-section (2) of section 3A;";
(B) after clause (d), the following clause shall be inserted, namely:—
"(da) the manner of use of information under sub-section (1) of
section 9;".
Amendment
of section 2.
Insertion of
new section
3A.
Amendment
of section 9.
Amendment
of section 33.
Nodal officer.
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
P.R. 78
SC - 20
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C¢ü¸ÀÆZÀ£É
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The National Institute of Technology Science Education and Research (Amendment) Act, 2017 (No. 19 of 2017) ¢£ÁAPÀ 05-08-2017
C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
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Short title and
commencement.
Amendment
of Second
Schedule to
Act 29 of
2007.
THE NATIONAL INSTITUTES OF TECHNOLOGY, SCIENCE
EDUCATION AND RESEARCH (AMENDMENT) ACT, 2017
NO. 19 OF 2017
[4th August, 2017.]
An Act further to amend the National Institutes of Technology, Science
Education and Research Act, 2007.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
1. (1) This Act may be called the National Institutes of Technology, Science Education
and Research (Amendment) Act, 2017.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In the Second Schedule to the National Institutes of Technology, Science Education
and Research Act, 2007, after serial number 5 and the entries relating thereto, the following
serial numbers and entries shall be inserted, namely:—
(1)
(2)
(3)
‘‘6.
Indian Institute of Science
Indian Institute of Science
Education and Research,
Education and Research,
Tirupati Society
Tirupati.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 5th August, 2017/Shravana 14, 1939 (Saka)
The following Act of Parliament received the assent of the President on the
4th August, 2017 and is hereby published for general information:—
7.
Indian Institute of Science
Indian Institute of Science
Education and Research,
Education and Research,
Berhampur Society
Berhampur.’’.
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
P.R. 79
SC - 20
PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è,
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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.
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C¢ü¸ÀÆZÀ£É
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The Footwear Design and Development Institute Act, 2017 (No. 20 of 2017) ¢£ÁAPÀ 05-08-2017 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV
PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
THE FOOTWEAR DESIGN AND DEVELOPMENT INSTITUTE
ACT, 2017
NO. 20 OF 2017
[4th August, 2017.]
An Act to establish and declare the Footwear Design and Development Institute
as an institution of national importance for the promotion and development
of quality and excellence in education, research and training in all disciplines
relating to footwear and leather products design and development and for
matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Footwear Design and Development Institute
Act, 2017.
(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.
Short title and
commencement.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 5th August, 2017/Shravana 14, 1939 (Saka)
The following Act of Parliament received the assent of the President on the
4th August, 2017 and is hereby published for general information:—
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¨sÁUÀ 4
2. Whereas the objects of the institution known as the Footwear Design and
Development Institute, are such as to make it the institution of national importance, it is
hereby declared that the Footwear Design and Development Institute is an institution of
national importance.
3. In this Act, unless the context otherwise requires,—
(a) “Chairperson” means the Chairperson of the Institute nominated under
clause (a) of sub-section (3) of section 4;
(b) “design” means a rational, logical and sequential innovation process for the
purposes of transferring culture to viable products and services in footwear and
leather products, including fashion and retail thereof and for providing a competitive
edge to products and services;
(c) “development” means the systematic use of scientific and technical
knowledge to meet specific objective or requirements and includes an extension of
the theoretical or practical aspects of concepts, design, discovery and invention
including business thereof;
(d) “Executive Director” means the Executive Director of the Institute campus
appointed under section 18;
(e) “Fund” means the Fund of the institute to be maintained under section 21;
(f) “Governing Council” means the Governing Council of the Institute
constituted under sub-section (3) of section 4;
(g) “Institute” means the Footwear Design and Development Institute
established under sub-section (1) of section 4;
(h) “Institute campus” means an Institute campus specified in the Schedule;
(i) “leather products” includes a product made of leather or any other material
or combination thereof;
(j) “Managing Director” means the Managing Director of the Institute appointed
under section 16;
(k) “Member” means a Member of the Governing Council and includes the
Chairperson;
(l) “notification” means a notification published in the Official Gazette;
(m) “prescribed” means prescribed by rules made under this Act;
(n) “Schedule” means the Schedule appended to this Act;
(o) “Secretary” means the Secretary of the Institute appointed under section 17;
(p) “Senate” means the Senate of the Institute referred to in section 13;
(q) “Society” means the Footwear Design and Development Institute registered
under the Societies Registration Act, 1860;
(r) “Statutes” and “Ordinances” mean respectively the Statutes and the
Ordinances of the Institute made under this Act.
21 of 1860.
Declaration of
Footwear
Design and
Development
Institute as an
institution of
national
importance.
Definitions.
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CHAPTER II
THE INSTITUTE
4. (1) On and from the date of commencement of this Act, the Footwear Design and
Development Institute shall be established as a body corporate by the name aforesaid.
(2) The 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 and to
contract, and shall, by that name, sue or be sued.
(3) The Institute shall consist of a Governing Council having the following Members,
namely:—
(a) a Chairperson, who shall be an eminent academician, scientist, or industrialist
from leather sector, to be nominated by the Central Government;
(b) the Managing Director, ex officio;
(c) the Joint Secretary in the Ministry or Department in the Government of India
dealing with Footwear Design and Development Institute, ex officio;
(d) the Joint Secretary in the Ministry or Department in the Government of India
dealing with the leather, retail or fashion sector, ex officio;
(e) the Director Finance of the Ministry or the Department in the Government of
India dealing with Footwear Design and Development Institute, ex officio;
(f) a representative of Ministry or Department in the Government of India
dealing with skill development and entrepreneurship, ex officio;
(g) four professionals or industrialists to represent the Council for Leather
Exports, the Indian Leather Garments Association, the Indian Footwear Components
Manufacturers Association, and the Confederation of Indian Industry National
Committee on Leather, Footwear and Leather Products, to be nominated by the Central
Government; and
(h) one person each from the National Institute of Fashion Technology, National
Institute of Design, the Central Leather Research Institute, the Indian Institute of
Technology and the Indian Institute of Management, to be nominated by the Central
Government.
(4) The term of office of the Chairperson and other Members, other than ex officio
Members thereof, shall be three years and they shall be entitled for such allowances as may
be determined by the Central Government.
(5) The term of office of the Members nominated to fill a casual vacancy shall continue
for the remainder of the term of the Member in whose place he has been nominated.
(6) The Governing Council shall meet at least two times in a year at such place and
time and observe such rules of procedure in regard to the transaction of business at its
meetings as may be determined by the Governing Council.
(7) Save as otherwise provided in this section, the term of office of an ex officio
member shall continue as long as he holds the office by virtue of which he is a member.
5. On and from the date of commencement of this Act, subject to the other provisions
of this Act, all properties which had vested in the Society, immediately before the
commencement of this Act, shall on and from such commencement, vest in the Institute.
6. On and from the date of commencement of this Act,—
(a) any reference to the Society in any contract or other instrument shall be
deemed as a reference to the Institute;
Vesting
of
properties.
Establishment
of Institute.
Effect of
incorporation
of Institute.
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(b) all the rights and liabilities of the Society shall be transferred to, and be the
rights and liabilities of, the Institute;
(c) every person employed by the Society, immediately before the appointed
day, shall hold office or service in the Institute by the same tenure, at the same
remuneration and upon the same terms and conditions and with the same rights and
privileges as to pension, leave, gratuity, provident fund and other matters as he
would have held the same, if this Act had not been passed, and shall continue to be
so, unless and until his employment is terminated or until such tenure, remuneration,
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 Institute 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 Institute of compensation equivalent to three months’
remuneration in the case of permanent employee and one month’s remuneration in the
case of other employee;
(d) every person pursuing, before the date of commencement of this Act, any
academic or research course in existing Institute campus, shall be deemed to have
migrated and registered with the corresponding Institute campus on such
commencement at the same level of study in the Institute campus from which such
person migrated; and
(e) all suits and other legal proceedings instituted or which could have been
instituted by or against the Society, immediately before the commencement of this
Act shall be continued or instituted by or against the Institute.
7. The functions of the Institute shall be—
(i) to nurture and promote quality and excellence in education and research in
the areas of footwear and leather products design and development and allied fields
thereof;
(ii) develop and conduct courses leading to graduate and post-graduate
degrees, doctoral and post-doctoral courses and research in the areas of footwear
and leather products design and development and allied fields thereof;
(iii) to hold examinations and grant degrees, diplomas, certificates, or any other
qualification;
(iv) to institute fellowships, scholarships and confer awards, honorary degrees
or other academic distinctions or titles;
(v) to co-operate, associate and collaborate with educational or other
institutions, research organisations or bodies corporate in any part of the world
having objects wholly or partly similar to those of the Institute by exchange of faculty
members, students, staff and scholars and generally in such manner as may be
conducive to their common objective;
(vi) to conduct courses for teachers, technologists and other professionals in
the areas of footwear and leather products design and development and allied fields
thereof;
(vii) to undertake research, survey, and studies and application thereof, for
improved quality and design, testing, and international marketing;
(viii) to provide consultancy, testing, inspection, certification, project
implementation and design support to the institutions and industries in any part of
the world;
Functions of
Institute.
PÀ£ÁðlPÀ gÁdå¥ÀvÀæ, UÀÄgÀĪÁgÀ, CPÉÆÖçgï 19, 2017
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¨sÁUÀ 4
(ix) to develop an international centre for creation and transmission of
information, with focus on educational, professional and industrial commitments;
(x) to conduct skill development programs and to provide technical assistance
to artisans, craftsmen, manufacturers, designers and exporters;
(xi) to design, develop, amend, update curriculums of the academic programs
and training materials as per the sector’s requirement and change of technology;
(xii) to acquire any patent or license relating to such invention, improvement or
design or standardisation marks whether for general or specific purposes;
(xiii) to establish, form and maintain museums, libraries and collections of
literature and films, slides, photographs, prototypes and other information;
(xiv) to function as a National resource centre for curriculum development,
training the trainers and support skill development in the leather sector overall;
(xv) to frame the Statutes and the Ordinances and to alter, modify or rescind the
same; and
(xvi) 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.
8. (1) Subject to the provisions of this Act, the Governing Council, under overall
control of the Central Government, shall be responsible for the general superintendence,
direction and control of the affairs of the Institute and shall exercise all the powers 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 Governing Council
shall—
(a) take decisions on questions of policy relating to the administration and
working of the Institute;
(b) institute academic and other posts and to make appointments thereto (except
in the case of the Managing Director, Secretary and Executive Director);
(c) frame the Statutes and the Ordinances and to alter, modify or rescind
the same;
(d) consider and pass resolutions on the annual report, the annual audited
accounts and the budget estimates of the Institute for the next financial year as it
thinks fit together with a statement of its development plans;
(e) receive gifts, grants, donations or benefactions from the Government and to
receive bequests, donations and transfers of movable or immovable properties from
the testators, donors or transferors, as the case may be; and
(f) do all such things as may be necessary, incidental or conducive to the
attainment of all or any of the aforesaid powers.
(3) The Governing Council 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) Notwithstanding anything contained in sub-section (2) of section 4, the Governing
Council shall not dispose of in any manner any immovable property without the prior
approval of the Central Government.
(5) The Central Government may appoint one or more persons to review the work and
Powers
of
Governing
Council.
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progress of the Institute and to hold inquiries into the affairs thereof and to report thereon
in such manner as the Central Government may direct.
(6) Upon receipt of any such report, the Central Government may take such action
and issue such directions as it considers necessary in respect of any of the matters dealt
within the report and the Institute shall be bound to comply with such directions.
(7) The Central Government shall have the power to remove Chairperson or other
Members or reconstitute the Governing Council, if it considers it appropriate to do so.
(8) No Chairperson or Member shall be removed under sub-section (7) unless he has
been given a reasonable opportunity of being heard in the matter.
9. (1) The Institute shall be open to persons of all sex and of whatever 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 or workers or in any other connection
whatsoever.
(2) No bequest, donation or transfer of any property shall be accepted by the Institute,
which in the opinion of the Governing Council involves conditions or obligations opposed
to the spirit and object of this section.
10. All teaching at the campuses of the Institute shall be conducted by or in the name
of the Institute in accordance with the Statutes and the Ordinances made in this behalf.
11. The President of India shall be the Visitor of the Institute.
12. The following shall be the authorities of the Institute, namely:—
(a) a Governing council;
(b) a Senate; and
(c) such other authorities as may be declared by the Statutes to be the authorities
of the Institute.
13. The Senate of the Institute shall consist of the following persons, namely:—
(a) the Managing Director, ex officio who shall be the Chairperson of the Senate;
(b) the Secretary, ex officio;
(c) the Executive Directors of all Institute campus, ex officio;
(d) all Senior Professors of the Institute;
(e) three persons, not being employees of the Institute, to be nominated by the
Chairperson in consultation with the Managing Director, from amongst educationists
of repute, from the fields of footwear, science, engineering and humanities and one of
them shall be woman;
(f) one alumnus of the Institute to be nominated by the Chairperson in
consultation with the Managing Director by rotation; and
(g) such other members of the staff as may be laid down in the Statutes.
14. (1) Subject to the provisions of this Act, the Statutes and the Ordinances, the
Senate of the Institute shall be the principal academic body of the Institute and shall have
the control and general regulation, and be responsible for the maintenance of standards of
instruction, education and examinations in the Institute and shall exercise 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 by the Institute;
Institute
be
open to all
races, creeds
and classes.
Teaching
at
Institute.
Visitor.
Authorities of
Institute.
The Senate.
Functions of
Senate.
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(b) to recommend to the Governing Council for creation of teaching and other
academic posts, determination of number and emoluments of such posts and defining
the duties and conditions of service of teachers and other academic posts;
(c) to recommend to the Governing Council for commencement of new
programmes and course of study;
(d) to specify academic contents of programmes and course 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; and
(f) to exercise such other powers and discharge such other functions as may be
assigned to it, by Statutes or by the Governing Council.
15. (1) The Chairperson shall ordinarily preside at the meetings of the Governing
Council and at the Convocations of the Institute.
(2) The Chairperson shall exercise such other powers and perform such other duties
as may be assigned to him by this Act or the Statutes.
(3) The Chairperson shall have the authority to review periodically the work and
progress of the Institute and to order enquiries into the affairs of the Institute.
16. (1) The Managing Director of the Institute shall be appointed by the Central
Government for a tenure of five years and on such terms and conditions of services as may
be prescribed.
(2) The Managing Director shall be the principal 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 Managing Director shall exercise such other powers and perform such other
duties as may be assigned to him by this Act, the Statutes and the Ordinances or delegated
by the Governing Council or the Senate.
(4) The Managing Director shall submit annual reports and accounts to the Governing
Council.
(5) The Central Government shall have the power to remove the Managing Director
before the tenure of five years, if it considers it appropriate to do so on the grounds of
misconduct or incapacity after giving him an opportunity of being heard in the matter.
(6) The Managing Director shall be responsible for the implementation of the decision
of the Governing Council and the Senate.
17. (1) The Secretary of the Institute shall be appointed by the Central Government
for a tenure of five years and on such terms and conditions of service as may be prescribed.
(2) The Secretary shall act as the Secretary of the Governing Council, the Senate and
such committees as may be specified by the Statutes.
(3) The Secretary shall be responsible to the Managing Director for the proper
discharge of his functions.
(4) The Secretary shall exercise such other powers and perform such other duties as
may be assigned to him by this Act or the Statutes or the Managing Director.
18. (1) The Executive Director of each Institute campus shall be appointed by the
Central Government for a tenure of five years and on such terms and conditions as may be
prescribed and shall exercise such powers and perform such duties as may be assigned to
him by this Act or the Statutes or by the Managing Director.
Functions,
powers
and
duties
of
Chairperson.
Managing
Director.
Secretary.
Executive
Director.
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(2) The Executive Director shall be the principal academic and executive officer of the
Institute campus and shall be responsible for the implementation of the decision of the
Governing Council and the Senate and the day-to-day administration of the Institute campus
in consultation with the Managing Director.
19. The powers and duties of authorities and officers, other than those hereinbefore
mentioned, shall be determined by the Statutes.
20. For the purpose of enabling the Institute to discharge its functions efficiently
under this Act, the Central Government may, after due appropriation made by Parliament by
law in this behalf, pay to the Institute in each financial year such sums of money and in such
manner as it may think fit.
21. (1) The 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;
(c) all moneys received by the Institute by way of loans, grants, gifts, donations,
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 shall be deposited in such banks or invested in
such manner as the Institute may, with the approval of the Governing Council decide.
(3) The Fund shall be applied towards meeting the expenses of the Institute, including
expenses incurred in the exercise of its powers and discharge of its duties under this Act.
22. Notwithstanding anything contained in section 21, the Central Government may
direct the Institute to—
(a) set-up an endowment fund and any other fund for specified purpose; and
(b) transfer money from its Fund to endowment fund or any other fund.
23. (1) The Institute shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts, including the balance sheet, in such form as may
be specified, in accordance with such general directions as may be issued by the Central
Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the 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 the Institute shall have the same rights,
privileges and authority in connection with such audit as the Comptroller and Auditor-
General of India, generally 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 any of the offices of
the Institute.
(4) The accounts of the 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.
Power
and
duties of other
authorities and
officers.
Grants
by
Central
Government.
Funds
of
Institute.
Setting up of
endowment
fund.
Accounts and
audit.
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24. (1) The Institute shall constitute, for the benefit of its employees, including the
Managing 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 consider necessary.
(2) Where any such provident 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.
25. All appointments of the staff of the Institute, except that of the Managing Director,
Secretary and Executive Director shall be made in accordance with the procedure laid down
in the Statutes by—
(a) the Governing Council, if the appointment is made on the academic staff in
the post of Assistant Professor or above or if the appointment is made on the non-
academic staff in any cadre, the maximum of the pay scale for which is the same or
higher than that of Assistant Professor; and
(b) the Managing Director, in any other case.
26. Subject to the provisions of this Act, the Statutes may provide for all or any of the
following matters, namely:—
(a) the formation of departments of teaching, centre of research, establishment
of workshops, laboratories, studios;
(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(c) the classification, term of office, qualification, the method of appointment
and the determination of the terms and conditions of service of officers, teachers and
other staff of the Institute;
(d) the reservation of posts for the Scheduled Castes, the Scheduled Tribes and
other backward categories of person as may be determined by the Central Government;
(e) the constitution of pension, insurance and provident funds for the benefit
of the officers, teachers and other staff of the Institute;
(f) the constitution, powers and duties of the authorities of the Institute;
(g) the manner of filling up of vacancies among members of the Governing
Council;
(h) the authentication of the orders and decisions of the Governing Council;
(i) the meetings of the Governing Council, Senate or any Committee, the quorum
at such meetings and the procedure to be followed in the conduct of their business;
(j) conferment of honorary degree;
(k) the establishment and maintenance of halls and hostels;
(l) the conditions of residence of students of the Institute and the levying of
the fees for residence in the halls and hostels and other charges; and
(m) any other matter which by this Act is to be or may be specified by the
Statutes.
27. (1) The first Statutes of the Institute shall be framed by the Governing Council
with the previous approval of the Visitor and shall be laid as soon as may be before each
House of Parliament.
(2) The Governing Council may, from time to time, make new or additional Statutes or
may amend or repeal the Statutes in the manner hereafter in this section provided.
Pension and
provident
fund.
19 of 1925.
Statutes.
Appointment.
Statutes how
made.
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(3) Every new Statute or addition to the Statute or any amendment or repeal of a
Statute shall require the previous approval of the Visitor who may remit it to the Governing
Council for consideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no
validity unless it has been assented to by the Visitor.
28. 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 reservation for the Scheduled Castes, the Scheduled Tribes and other
backward categories of persons;
(c) the courses of study to be laid down for all degrees, diplomas and certificates
of the Institute;
(d) the conditions under which students shall be admitted to the degree, diploma
and certificate courses and to the examinations of the Institute and award of degrees,
diplomas and certificates;
(e) the conditions for award of fellowships, scholarships, exhibitions, medals
and prizes;
(f) the conditions and mode of appointment and duties of examining body,
examiners and moderators;
(g) the conduct of examinations;
(h) the maintenance of discipline among the students of the Institute;
(i) the fees to be charged for courses of study in the Institute and for admission
to the examinations of degrees, diplomas and certificates of the Institute; and
(j) any other matter which by this Act or the Statutes is to be or may be provided
for by the Ordinances.
29. (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 Governing
Council and shall be considered by the Governing Council at its next succeeding meeting.
(3) The Governing Council 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.
30. (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 and an umpire appointed by the Visitor.
(2) The decision of the Tribunal of Arbitration 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.
(5) Nothing in any law for the time being in force relating to arbitration shall apply to
arbitration under this section.
Ordinances.
Ordinance
how made.
Tribunal of
Arbitration.
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CHAPTER III
MISCELLANEOUS
31. No act of the Institute or Governing Council or Senate or any other body 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 election, nomination or appointment of a person acting as a
member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
32. Notwithstanding anything contained in this Act, whenever the Institute receives
funds from any Government, the University Grants Commission or any other agency, including
industry sponsoring a research scheme or a consultancy assignment or a teaching programme
or a chaired professorship or a scholarship, etc., to be executed or endowed at the Institute—
(a) the amount received shall be kept by the Institute separately from the Fund
of the Institute and utilised only for the purpose of the scheme; and
(b) the staff required to execute the same shall be recruited in accordance with
the terms and conditions stipulated by the sponsoring organisations:
Provided that any money remaining unutilised shall be transferred to the endowment
fund created under section 22 of this Act.
33. The Institute shall have the power to grant degrees, diplomas, certificates and other
academic distinctions under this Act, which shall be equivalent to such corresponding
degrees, diplomas, certificates and other academic distinctions granted by any University or
Institute established or incorporated under any other law for the time being in force.
34. The provisions of the Right to Information Act, 2005 shall apply to the Institute, as
if it were a public authority as defined in clause (h) of section 2 of the Right to Information
Act, 2005.
35. (1) The Central Government may, 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 of appointment of the Managing Director, Secretary and Executive
Director and terms and conditions of his services;
(b) the terms and conditions of service of the Managing Director, Secretary and
the Executive Director under sub-section (1) of section 16, sub-section (1) of section
17 and sub-section (1) of section 18;
(c) the form and manner in which the books of account of the Institute shall be
maintained under sub-section (1) of section 23; and
(d) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this section 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 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
Act and
proceedings
not to be
invalidated by
vacancies.
Sponsored
schemes.
Power of
Institute to
grant degree,
etc.
Institute to
be public
authority
under the
Right to
Information
Act, 2005.
Power of
Central
Government
to make
rules.
22 of 2005.
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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.
36. The Institute shall furnish to the Central Government such returns or other information
with respect to 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.
37. Notwithstanding anything contained in this Act—
(a) the Governing Council of the Society functioning as such, immediately before
the commencement of this Act shall continue to so function until a new Governing
Council is constituted for the Institute under this Act, but on the constitution of a new
Governing Council under this Act the members of the Governing Council holding
office before such constitution shall cease to hold office;
(b) until the first Statutes and the Ordinances are made under this Act, the rules
and regulations, instructions and guidelines of the Society as in force, immediately
before the commencement of this Act, shall continue to apply to the Institute insofar
as they are not inconsistent with the provisions of this Act; and
(c) any student who joined classes of the existing Institute on or after the academic
year 2012-2013 or completed the course on or after the academic year 2013-2014 shall
for the purposes of clause (iii) of section 7, be deemed to have pursued a course of
study in the existing Institute if such student has not already been awarded degree or
diploma for the same course of study.
38. (1) Every Statute or Ordinance made under this Act shall be published in the Official
Gazette.
(2) Every Statute or 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 Statute or Ordinance or both
Houses agree that the Statute or Ordinance should not be made, the 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 Statute or Ordinance.
(3) The power to make Statutes or Ordinances shall include the power to give
retrospective effect with the approval of the Central Government from a date not earlier than
the date of commencement of this Act to Statutes or Ordinances or any of them but no
retrospective effect shall be given to any Statute or Ordinance so as to prejudicially affect
the interests of any person to whom such Statutes or Ordinances may be applicable.
39. (1) lf 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 provision or give
such direction not inconsistent with the purposes of this Act, as appears to it to be necessary
or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of two 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.
Returns and
information
to be provided
to Central
Government.
Transitional
provisions.
Statute and
Ordinance to
be published
in the Official
Gazette and
to be laid
before
Parliament.
Power to
remove
difficulties.
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THE SCHEDULE
[See section 3(h)]
INSTITUTE CAMPUSES
Sl.
Name of the
Name and address of the existing Institute campus
No.
State
and its location
(1)
(2)
(3)
1.
Uttar Pradesh
Footwear Design and Development Institute, A-10/A,
Sector-24, Noida, Gautam Budh Nagar, Pin-201301.
2.
Tamil Nadu
Footwear Design and Development Institute, Plot
No: E-1, SIPCOT Industrial Park, Irrungattukotai,
Kancheepuram.
3.
West Bengal
Footwear Design and Development Institute, Kolkata
Leather Complex, Mouzakariadanga, J.L No-32 and
Gangapur, J.L No-35, Kolkata.
4.
Haryana
Footwear Design and Development Institute,
Plot No- 1, Sector-31 B, IMT Rohtak.
5.
Rajasthan
Footwear Design and Development Institute,Village
Mandor, Tehsil Jodhpur, District- Jodhpur.
6.
Uttar Pradesh
Footwear Design and Development Institute, Sultanpur
Road, Fursatganj, Raebareli, Pin-229302.
7.
Madhya Pradesh
Footwear Design and Development Institute, Corner
Plot, Khasara No:31, Nagpur-Batil Road, Immlikhera
Chowk, Chhindwara.
8.
Madhya Pradesh
Footwear Design and Development Institute,Gram
Maharajpura Panchayat, Hari Pur, Phawa No-42, Survey
No.571/158, 61/1/1/1 on Gram Puraposar Road, Guna.
9.
Bihar
Footwear Design and Development Institute, Plot No
P-6, Megha Industrial Area, Moza Dumri, Arra Road,
Patna.
10.
Telengana
Footwear Design and Development Institute, LIDCAP
Campus, HS Durga, Gachibowli, Bidar-Hyderabad Road,
Hyderabad.
11.
Gujarat
Footwear Design and Development Institute, Plot No
H-3301, Near ESIC Hospital, Ankleshwar Industrial
Estate, Ankleshwar.
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(1)
(2)
(3)
12.
Punjab
Footwear Design and Development Institute, District
SAS Nagar (Mohali), Chandigarh-Patiala Highway,
Chandigarh.
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
CORRIGENDUM
In the ENFORCEMENT OF SECURITY INTEREST AND RECOVERY OF DEBTS
LAWS AND MISCELLANEOUS PROVISIONS (AMENDMENT) ACT, 2016 (44 OF 2016)
as published in the Gazette of India, Extraordinary, Part II, Section 1, Issue No. 51, dated the
16th August, 2016,—
Page No. Line(s) No.
For
Read
17
1
“(ii) for sub-section (3),
“(ii) for the opening portion of
the following sub-section
sub-section (3), the following
shall be substituted, namely:—” shall be substituted, namely:—”
P.R. 80
SC - 20
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Short title,
application
and
commence-
ment.
THE ADMIRALTY (JURISDICTION AND SETTLEMENT OF
MARITIME CLAIMS) ACT, 2017
NO. 22 OF 2017
[9th August, 2017.]
An Act to consolidate the laws relating to admiralty jurisdiction, legal proceedings
in connection with vessels, their arrest, detention, sale and other matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Admiralty (Jurisdiction and Settlement of Maritime
Claims) Act, 2017.
(2) It shall apply to every vessel, irrespective of the place of residence or domicile of
the owner:
Provided that this Act shall not apply to an inland vessel defined in clause (a) of
sub-section (1) of section 2 of the Inland Vessels Act, 1917, or a vessel under construction
that has not been launched unless it is notified by the Central Government to be a vessel for
the purposes of this Act:
1 of 1917.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 9th August, 2017/Shravana 18, 1939 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2017 and is hereby published for general information:—
Provided further that this Act shall not apply to a warship, naval auxiliary or other
vessel owned or operated by the Central or a State Government and used for any
non-commercial purpose, and, shall also not apply to a foreign vessel which is used for any
non-commercial purpose as may be notified by the Central Government.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. (1) In this Act,—
(a) "admiralty jurisdiction" means the jurisdiction exercisable by a High Court
under section 3, in respect of maritime claims specified under this Act;
Definitions.
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Admiralty
jurisdiction.
15 of 1908.
80 of 1976.
44 of 1958.
(b) "admiralty proceeding" means any proceeding before a High Court, exercising
admiralty jurisdiction;
(c) "arrest" means detention or restriction for removal of a vessel by order of a
High Court to secure a maritime claim including seizure of a vessel in execution or
satisfaction of a judgment or order;
(d) "goods" means any property including live animals, containers, pallets or
such other articles of transport or packaging or luggage irrespective of the fact whether
such property is carried, on or under the deck of a vessel;
(e) "High Court", in relation to an admiralty proceeding, means any of the
High Court of Calcutta, High Court of Bombay, High Court of Madras, High Court of
Karnataka, High Court of Gujarat, High Court of Orissa, High Court of Kerala,
High Court of Judicature at Hyderabad for the State of Telangana and the State of
Andhra Pradesh or any other High Court, as may be notified by the Central
Government for the purposes of this Act;
(f) "maritime claim" means a claim referred to in section 4;
(g) "maritime lien" means a maritime claim against the owner, demise charterer,
manager or operator of the vessel referred to in clauses (a) to (e) of sub-section (1) of
section 9, which shall continue to exist under sub-section (2) of that section;
(h) "notification" means a notification published in the Official Gazette;
(i) "port" shall have the same meaning as assigned to it in the Indian Ports
Act, 1908;
(j) "prescribed" means prescribed by rules made by the Central Government
under this Act;
(k) "territorial waters" shall have the same meaning as assigned to it in the
Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime
Zones Act, 1976; and
(l) "vessel" includes any ship, boat, sailing vessel or other description of vessel
used or constructed for use in navigation by water, whether it is propelled or not, and
includes a barge, lighter or other floating vessel, a hovercraft, an off-shore industry
mobile unit, a vessel that has sunk or is stranded or abandoned and the remains of
such a vessel.
Explanation.—A vessel shall not be deemed to be a vessel for the purposes of this
clause, when it is broken up to such an extent that it cannot be put into use for navigation, as
certified by a surveyor.
(2) The words and expressions used herein but not defined and defined in the Merchant
Shipping Act, 1958 shall have the meanings respectively assigned to them in that Act.
CHAPTER II
ADMIRALTY JURISDICTION AND MARITIME CLAIMS
3. Subject to the provisions of sections 4 and 5, the jurisdiction in respect of all
maritime claims under this Act shall vest in the respective High Courts and be exercisable
over the waters up to and including the territorial waters of their respective jurisdictions in
accordance with the provisions contained in this Act:
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Provided that the Central Government may, by notification, extend the jurisdiction of
the High Court up to the limit as defined in section 2 of the Territorial Waters, Continental
Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976.
4. (1) The High Court may exercise jurisdiction to hear and determine any question
on a maritime claim, against any vessel, arising out of any—
(a) dispute regarding the possession or ownership of a vessel or the ownership
of any share therein;
(b) dispute between the co-owners of a vessel as to the employment or earnings
of the vessel;
(c) mortgage or a charge of the same nature on a vessel;
(d) loss or damage caused by the operation of a vessel;
(e) loss of life or personal injury occurring whether on land or on water, in direct
connection with the operation of a vessel;
(f) loss or damage to or in connection with any goods;
(g) agreement relating to the carriage of goods or passengers on board a vessel,
whether contained in a charter party or otherwise;
(h) agreement relating to the use or hire of the vessel, whether contained in a
charter party or otherwise;
(i) salvage services, including, if applicable, special compensation relating to
salvage services in respect of a vessel which by itself or its cargo threatens damage to
the environment;
(j) towage;
(k) pilotage;
(l) goods, materials, perishable or non-perishable provisions, bunker fuel,
equipment (including containers), supplied or services rendered to the vessel for its
operation, management, preservation or maintenance including any fee payable or
leviable;
(m) construction, reconstruction, repair, converting or equipping of the vessel;
(n) dues in connection with any port, harbour, canal, dock or light tolls, other
tolls, waterway or any charges of similar kind chargeable under any law for the time
being in force;
(o) claim by a master or member of the crew of a vessel or their heirs and
dependents for wages or any sum due out of wages or adjudged to be due which may
be recoverable as wages or cost of repatriation or social insurance contribution payable
on their behalf or any amount an employer is under an obligation to pay to a person as
an employee, whether the obligation arose out of a contract of employment or by
operation of a law (including operation of a law of any country) for the time being in
force, and includes any claim arising under a manning and crew agreement relating to
a vessel, notwithstanding anything contained in the provisions of sections 150 and
151 of the Merchant Shipping Act, 1958;
(p) disbursements incurred on behalf of the vessel or its owners;
(q) particular average or general average;
(r) dispute arising out of a contract for the sale of the vessel;
(s) insurance premium (including mutual insurance calls) in respect of the vessel,
payable by or on behalf of the vessel owners or demise charterers;
80 of 1976.
Maritime
claim.
44 of 1958.
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(t) commission, brokerage or agency fees payable in respect of the vessel by or
on behalf of the vessel owner or demise charterer;
(u) damage or threat of damage caused by the vessel to the environment,
coastline or related interests; measures taken to prevent, minimise, or remove such
damage; compensation for such damage; costs of reasonable measures for the
restoration of the environment actually undertaken or to be undertaken; loss incurred
or likely to be incurred by third parties in connection with such damage; or any other
damage, costs, or loss of a similar nature to those identified in this clause;
(v) costs or expenses relating to raising, removal, recovery, destruction or the
rendering harmless of a vessel which is sunk, wrecked, stranded or abandoned,
including anything that is or has been on board such vessel, and costs or expenses
relating to the preservation of an abandoned vessel and maintenance of its crew; and
(w) maritime lien.
Explanation.—For the purposes of clause (q), the expressions "particular average"
and "general average" shall have the same meanings as assigned to them in sub-section (1)
of section 64 and sub-section (2) of section 66 respectively of the Marine Insurance
Act, 1963.
(2) While exercising jurisdiction under sub-section (1), the High Court may settle any
account outstanding and unsettled between the parties in relation to a vessel, and direct that
the vessel, or any share thereof, shall be sold, or make such other order as it may think fit.
(3) Where the High Court orders any vessel to be sold, it may hear and determine any
question arising as to the title to the proceeds of the sale.
(4) Any vessel ordered to be arrested or any proceeds of a vessel on sale under this
Act shall be held as security against any claim pending final outcome of the admiralty
proceeding.
5. (1) The High Court may order arrest of any vessel which is within its jurisdiction for
the purpose of providing security against a maritime claim which is the subject of an admiralty
proceeding, where the court has reason to believe that—
(a) the person who owned the vessel at the time when the maritime claim arose is
liable for the claim and is the owner of the vessel when the arrest is effected; or
(b) the demise charterer of the vessel at the time when the maritime claim arose is
liable for the claim and is the demise charterer or the owner of the vessel when the
arrest is effected; or
(c) the claim is based on a mortgage or a charge of the similar nature on the
vessel; or
(d) the claim relates to the ownership or possession of the vessel; or
(e) the claim is against the owner, demise charterer, manager or operator of the
vessel and is secured by a maritime lien as provided in section 9.
(2) The High Court may also order arrest of any other vessel for the purpose of
providing security against a maritime claim, in lieu of the vessel against which a maritime
claim has been made under this Act, subject to the provisions of sub-section (1):
Provided that no vessel shall be arrested under this sub-section in respect of a
maritime claim under clause (a) of sub-section (1) of section 4.
6. Subject to section 7, the High Court may exercise admiralty jurisdiction by action in
personam in respect of any maritime claim referred to in clauses (a) to (w) of sub-section (1)
of section 4.
11 of 1963.
Arrest of
vessel in rem.
Admiralty
jurisdiction in
personam.
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Restrictions
on actions in
personam in
certain cases.
7. (1) Where any maritime claim arising in respect of a damage or loss of life or personal
injury arising out of any—
(i) collision between vessels,
(ii) the carrying out of or omission to carry out, a manoeuvre in the case of one
or more vessels,
(iii) non-compliance, on the part of one or more vessels, with the collision
regulations made in pursuance of section 285 of the Merchant Shipping Act, 1958,
the High Court shall not entertain any action under this section against any defendant
unless—
(a) the cause of action, wholly or in part, arises in India; or
(b) the defendant, at the time of commencement of the action by the High Court,
actually and voluntarily resides or carries on business or personally works for gain in
India:
Provided that an action may be entertained in a case, where there are more
defendants than one and where one of the defendants who does not actually and
voluntarily reside or carry on business or personally work for gain in India is made a
party to such action either with the leave of the court, or each of the defendants
acquiesces in such action.
(2) The High Court shall not entertain any action in personam to enforce a claim to
which this section applies until any proceedings previously brought by the plaintiff in any
court outside India against the same defendant in respect of the same incident or series of
incidents have been discontinued or have otherwise come to an end.
(3) The provisions of sub-section (2) shall apply to counter-claims as they apply to
actions except counter-claims in proceedings arising out of the same incident or series of
incidents.
(4) A reference to the plaintiff and the defendant for the purpose of sub-section (3)
shall be construed as reference to the plaintiff in the counter-claim and the defendant in the
counter-claim respectively.
(5) The provisions of sub-sections (2) and (3) shall not apply to any action or counter-
claim if the defendant submits or agrees to submit to the jurisdiction of the High Court.
(6) Subject to the provisions of sub-section (2), the High Court shall have jurisdiction
to entertain an action in personam to enforce a claim to which this section applies whenever
any of the conditions specified, in clauses (a) and (b) of sub-section (1) is satisfied and any
law for the time being in force relating to the service of process outside the jurisdiction shall
apply.
8. On the sale of a vessel under this Act by the High Court in exercise of its admiralty
jurisdiction, the vessel shall vest in the purchaser free from all encumbrances, liens,
attachments, registered mortgages and charges of the same nature on the vessel.
9. (1) Every maritime lien shall have the following order of inter se priority, namely:—
(a) claims for wages and other sums due to the master, officers and other members
of the vessel's complement in respect of their employment on the vessel, including
costs of repatriation and social insurance contributions payable on their behalf;
(b) claims in respect of loss of life or personal injury occurring, whether on land
or on water, in direct connection with the operation of the vessel;
(c) claims for reward for salvage services including special compensation relating
thereto;
44 of 1958.
Vesting of
rights on sale
of vessels.
Inter se
priority on
maritime lien.
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(d) claims for port, canal, and other waterway dues and pilotage dues and any
other statutory dues related to the vessel;
(e) claims based on tort arising out of loss or damage caused by the operation of
the vessel other than loss or damage to cargo and containers carried on the vessel.
(2) The maritime lien specified in sub-section (1) shall continue to exist on the vessel
notwithstanding any change of ownership or of registration or of flag and shall be extinguished
after expiry of a period of one year unless, prior to the expiry of such period, the vessel has
been arrested or seized and such arrest or seizure has led to a forced sale by the High Court:
Provided that for a claim under clause (a) of sub-section (1), the period shall be two
years from the date on which the wage, sum, cost of repatriation or social insurance
contribution, falls due or becomes payable.
(3) The maritime lien referred to in this section shall commence—
(a) in relation to the maritime lien under clause (a) of sub-section (1), upon the
claimant's discharge from the vessel;
(b) in relation to the maritime liens under clauses (b) to (e) of sub-section (1),
when the claim arises,
and shall run continuously without any suspension or interruption:
Provided that the period during which the vessel was under arrest or seizure shall be
excluded.
(4) No maritime lien shall attach to a vessel to secure a claim which arises out of or
results from—
(a) damage in connection with the carriage of oil or other hazardous or noxious
substances by sea for which compensation is payable to the claimants pursuant to
any law for the time being in force;
(b) the radioactive properties or a combination of radioactive properties with
toxic, explosive or other hazardous properties of nuclear fuel or of radioactive products
or waste.
10. (1) The order of maritime claims determining the inter se priority in an admiralty
proceeding shall be as follows:—
(a) a claim on the vessel where there is a maritime lien;
(b) registered mortgages and charges of same nature on the vessel;
(c) all other claims.
(2) The following principles shall apply in determining the priority of claims inter se—
(a) if there are more claims than one in any single category of priority, they shall
rank equally;
(b) claims for various salvages shall rank in inverse order of time when the claims
thereto accrue.
11. (1) The High Court may, as a condition of arrest of a vessel, or for permitting an
arrest already effected to be maintained, impose upon the claimant who seeks to arrest or
who has procured the arrest of the vessel, an obligation to provide an unconditional
undertaking to pay such sums of money as damages or such security of a kind for an amount
and upon such terms as may be determined by the High Court, for any loss or damage which
may be incurred by the defendant as a result of the arrest, and for which the claimant may be
found liable, including but not restricted to the following, namely:—
(a) the arrest having been wrongful or unjustified; or
(b) excessive security having been demanded and provided.
Order of
priority of
maritime
claims.
Protection of
owner, demise
charterer,
manager or
operator or
crew of vessel
arrested.
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5 of 1908.
(2) Where pursuant to sub-section (1), the person providing the security may at any
time, apply to the High Court to have the security reduced, modified or cancelled for sufficient
reasons as may be stated in the application.
(3) If the owner or demise charterer abandons the vessel after its arrest, the High Court
shall cause the vessel to be auctioned and the proceeds appropriated and dealt with in such
manner as the court may deem fit within a period of forty-five days from the date of arrest or
abandonment:
Provided that the High Court shall, for reasons to be recorded in writing, extend the
period of auction of the vessel for a further period of thirty days.
CHAPTER III
PROCEDURE AND APPEALS
12. The provisions of the Code of Civil Procedure, 1908 shall apply in all the proceedings
before the High Court in so far as they are not inconsistent with or contrary to the provisions
of this Act or the rules made thereunder.
13. (1) Notwithstanding anything contained in any other law for the time being in
force, the Central Government shall appoint by notification, a list of assessors with such
qualifications and experience in admiralty and maritime matters, the nature of duties to be
performed by them, the fees to be paid to them and other ancillary or incidental matters for
the purposes of this Act, in the manner as may be prescribed.
(2) The appointment of assessors shall not be construed as a bar to the examination of
expert witnesses by any of the parties in any admiralty proceeding.
14. Notwithstanding anything contained in any other law for the time being in force,
an appeal shall lie from any judgment, decree or final order or interim order of a single Judge
of the High Court under this Act to a Division Bench of the High Court.
15. The Supreme Court may on an application of any party, transfer, at any stage, any
admiralty proceeding from one High Court to any other High Court and the latter High Court
shall proceed to try, hear and determine the matter from the stage at which it stood at the time
of transfer:
Provided that no such proceeding shall be transferred unless parties to the proceeding
have been given an opportunity of being heard in the matter.
CHAPTER IV
MISCELLANEOUS
16. (1) The Central Government may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the
rules may provide for all or any of the following matters, namely:—
(a) the qualification, experience, nature of duties and fee to be paid to
the assessors and other ancillary or incidental matters under sub-section (1) of
section 13;
(b) the practice and procedure of admiralty jurisdiction under this Act including
fees, costs and expenses in such proceedings; and
(c) any other matter which is required to be, or may be, prescribed.
(3) Until rules are made under sub-section (2) by the Central Government, all rules for
the time being in force governing the exercise of admiralty jurisdiction in the High Courts
shall be applicable.
Application of
Code of Civil
Procedure.
Assistance of
assessors.
Appeal.
Transfer of
proceedings
by Supreme
Court.
Power to
make rules.
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Repeal and
savings.
Power to
remove
difficulties.
(4) Every rule made under this Act shall be laid, as soon as may be after the rule is
made, or notification issued before each House of Parliament while it is in session for a
total period of thirty days 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 or notification
or both Houses agree that the rule or notification should not be made or issued, the rule
or notification 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 or
notification.
17. (1) The application in India of the following enactments are hereby repealed—
(a) the Admiralty Court Act, 1840;
(b) the Admiralty Court Act, 1861;
(c) the Colonial Courts of Admiralty Act, 1890;
(d) the Colonial Courts of Admiralty (India) Act, 1891; and
(e) the provisions of the Letters Patent, 1865 in so far as they apply to the
admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts.
(2) Notwithstanding the repeal, all admiralty proceedings pending in any High Court
immediately before the commencement of this Act shall continue to be adjudicated by such
court in accordance with the provisions of this Act.
(3) Anything done or any action taken, under the provisions of the repealed enactments,
shall in so far as such thing or action is not inconsistent with the provisions of this Act, be
deemed to have been done or taken under the corresponding provisions of the Act as if the
said provisions were in force when such thing was done or such action was taken and shall
continue to be in force accordingly until superseded by anything done or any action taken
under this Act or rules made thereunder.
(4) Any rule, regulation, bye-law made or order or notice issued under the repealed
enactments, shall so far as it is not inconsistent with the provisions of this Act or rules made
thereunder be deemed to have been done or taken under the corresponding provisions of
this Act.
18. (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 for removing
the difficulty:
Provided that no such order shall be made after the expiry of a period of three years
from the date of commencement of this Act.
3 & 4 Vict.,
c. 65.
24 & 25
Vict., c. 10.
16 of 1891.
53 and 54
vict., c. 27.
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(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
P.R. 81
SC - 20
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THE INDIAN INSTITUTES OF INFORMATION TECHNOLOGY
(PUBLIC-PRIVATE PARTNERSHIP) ACT, 2017
NO. 23 OF 2017
[9th August, 2017.]
An Act to declare certain Indian Institutes of Information Technology established
under public-private partnership as institutions of national importance, with a
view to develop new knowledge in information technology and to provide
manpower of global standards for the information technology industry and
to provide for certain other matters connected with such institutions or
incidental thereto.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Indian Institutes of Information Technology
(Public-private Partnership) Act, 2017.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
Short title and
commencement.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 9th August, 2017/Shravana 18, 1939 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2017 and is hereby published for general information:—
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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) "appointed day" means the date of establishment of the Institutes established
under sub-section (2) of section 4;
(b) "Board", in relation to any Institute, means the Board of Governors referred
to in sub-section (1) of section 14;
(c) "Chairperson" means the Chairperson of the Board appointed under
sub-section (2) of section 14;
(d) "Co-ordination Forum" means the Co-ordination Forum established under
sub-section (1) of section 38;
(e) "Director" means the Director of the Institute;
(f) "existing Institute" means the Institute mentioned in column (3) of the
Schedule;
(g) "industry partner" means an individual, or a trust established under the Indian
Trusts Act, 1882, or a company established under the Companies Act, 2013, or society
formed and registered under the Societies Registration Act, 1860, or a financial
institution or a combination of one or more of such industry partners;
(h) "Institute" means any of the institutions mentioned in column (5) of the
Schedule and such other Institutes established under section 11;
(i) "notification" means a notification published in the Official Gazette and the
expression "notify" shall be construed accordingly;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "public-private partnership " means such partnership under a scheme of the
Central Government which provides for establishment of Institute involving
collaboration between the Central Government, the State Government and industry
partners;
(l) "Schedule" means the Schedule to this Act;
(m) "Senate", in relation to any Institute, means the Senate thereof;
(n) "Statutes" and "Ordinances", in relation to any Institute, mean the Statutes
and Ordinances of the Institute made under this Act.
CHAPTER II
THE INSTITUTES
4. (1) On and from the commencement of this Act, every existing Institute, shall be
a body corporate by the same name as mentioned in column (5) of the Schedule.
(2) On and from the appointed day, any other Institute of Information Technology as
may be established under section 11 shall be a body corporate by such name as the Central
Government may, by notification, specify.
(3) Every existing Institute or any Institute established under sub-section (2) shall
have 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 its name, sue or be sued.
Declaration
of certain
institutions as
institutions of
national
importance.
Definitions.
2 of 1882.
18 of 2013.
21 of 1860.
Incorporation
of Institutes.
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5. On and from the date of commencement of this Act,—
(a) any reference to any existing Institute in any contract or other instrument
shall be deemed to be reference to the corresponding Institute mentioned in
column (5) of the Schedule;
(b) all properties, movable and immovable, belonging to every existing Institute
shall vest in the corresponding Institute mentioned in column (5) of the Schedule;
(c) all rights, debts and other liabilities of every existing Institute shall be
transferred to, and be the rights and liabilities of, the corresponding Institute
mentioned in column (5) of the Schedule;
(d) every person employed by any existing Institute, immediately before such
commencement, shall hold his office or service in the corresponding Institute
mentioned in column (5) of the Schedule, 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 the
same 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 the 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 Institute 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 Institute of compensation equivalent to three months'
remuneration in the case of permanent employees and one month's remuneration in
case of other employees:
Provided further that any reference, by whatever form of words, to the Director,
Registrar and other officers of any existing Institute, in any law for the time being in
force, or in any instrument or other document, shall be deemed to be reference to
the Director, Registrar and other officers of the corresponding Institute mentioned
in column (5) of the Schedule;
(e) every person pursuing, before the commencement of this Act, any academic
or research course in any existing Institute, shall be deemed to have migrated and
registered with the corresponding Institute mentioned in column (5) of the Schedule,
on such commencement at the same level of course in the Institute from which such
person migrated;
(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
mentioned in column (5) of the Schedule.
6. Every Institute shall have the following objectives, namely:—
(a) to emerge amongst the foremost institutions in information technology and
allied fields of knowledge in the global context;
(b) to advance new knowledge and innovation in information technology and
allied fields to empower the nation to the forefront in the global context;
(c) to develop competent and capable youth imbued with the spirit of innovation
and entrepreneurship with the social and environmental orientation to meet the
knowledge needs of the country and provide global leadership in information
technology and allied fields;
(d) to promote and provide transparency of highest order in matters of
admission, appointment to various positions, academic evaluation, administration and
finance.
Effect of
incorporation
of Institutes.
Objects of
Institute.
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7. (1) Subject to the provisions of this Act, every Institute shall exercise the following
powers and perform the following functions, namely:—
(a) to provide instructions in such fields of knowledge relating to information
technology and allied areas as the Institute may deem fit, for the advancement of
learning and dissemination of knowledge;
(b) to lead, organise and conduct research and innovation in information
technology and allied fields of knowledge in such manner as the Institute may deem
fit, including in collaboration or in association with any other Institute, educational
institution, research organisation, body corporate or financial organisations at national
or global level;
(c) to hold examinations and grant degrees, diplomas and other academic
distinctions or titles and to confer honorary degrees;
(d) to create academic, administrative, technical, ministerial and other posts
under the Institute other than the post of Director of the Institute and to make
appointments thereto;
(e) to appoint persons working in any other Institute or educational institution
or involved in research of significance in any industry as adjunct, guest or visiting
faculty of the Institute on such terms and for such duration as the Institute may
decide;
(f) to create administrative and other posts and to make appointments thereto
on the basis of criteria as may be decided by the Board;
(g) to make provision for dissemination of knowledge emerging from research
and for that purpose to enter into such arrangements, including consultancy and
advisory services, with other institutions, industry, civil society or other organisations,
as the Institute may deem necessary;
(h) to create a website, highlight all information not restricted to those related
to students, admission, fee, administrative structure, policies including recruitment
rules, faculty and non-faculty posts, annual reports and financial details including
statement of account of the Institute;
(i) to determine, specify and receive payment of fees and other charges, as the
Institute may deem fit, from students and any other person, institution or body
corporate for instructions and other services, including training, consultancy and
advisory services, provided by the Institute;
(j) to deal with any property belonging to, or vested in, the Institute in such
manner as the Institute may deem fit for advancement of the objectives of the Institute:
Provided that no land or other immovable property shall be disposed of by the
Institute without the prior approval of the concerned State Government and the Central
Government;
(k) to receive gifts, grants, donations or benefactions from the Government
and to receive bequests, donations and transfer of movable or immovable properties
from testators, donors or transferors, as the case may be;
(l) to co-operate 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;
(m) to establish and maintain such infrastructure as may be necessary, incidental
or conducive to the attainment of the objectives of the Institute;
(n) to institute and award fellowships, scholarships, exhibitions, prizes and
medals; and
Powers and
functions of
Institute.
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(o) to do all such things as may be necessary, incidental or conducive to the
attainment of all or any of the objectives of the Institute.
(2) Subject to the provisions of this Act, every Institute may take up the following
works, namely:—
(a) supporting and collaborating with educational Institutes imparting technical
or information technology courses located in the zone or region;
(b) advising the State Governments and Union territory Administrations
included in its zone in matters of information technology and other technological
issues referred by them to the Institute for advice.
8. (1) Every Institute shall be open to all citizens irrespective of gender, caste, creed,
disability, domicile, ethnicity, social or economic background.
(2) No bequest, donation or transfer of any property shall be accepted by any Institute
which in the opinion of the Co-ordination Forum involves conditions or obligations opposed
to the spirit and object of this section.
(3) Admissions to every 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 every such Institute shall be a Central Educational Institution for the
purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006.
9. All teaching at each of the Institute shall be conducted by or in the name of the
Institute in accordance with the Statutes and Ordinances made in this behalf.
10. (1) Every Institute shall be a not-for-profit legal entity and no part of the surplus,
if any, in revenue of such Institute, 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 Institute or for conducting research therein.
(2) Every Institute shall strive to raise funds for creation of a corpus for self-
sufficiency, sustainability and future development of the Institute.
11. (1) The State Government shall identify at least one industry partner, and preferably
three industry partners, for collaboration and submit a proposal to the Central Government.
(2) The Central Government shall examine the proposal on the basis of such criteria,
as may be prescribed, which shall include the following, namely:—
(a) the investment of capital required for establishing the proposed Institute to
be borne by the Central Government, the concerned State Government and industry
partners in the ratio 50:35:15 and recurring expenditure, as may be considered
necessary during the first five years of operation, to be made available by the Central
Government:
Provided that the ratio of investment of capital required for establishing the
proposed Institute in North Eastern States shall be 57.5:35:7.5;
(b) the expertise and standing of the industry partners proposed in
sub-section (1) in the field of information technology;
(c) the assessment of the capability, financial and other resources of industry
partners to support the Institute;
(d) the suitability of adequate land, to the extent of fifty to hundred acres, to
be provided by the State Government free of cost;
(e) the availability of, or the commitment of the State Government to make
available, adequate physical infrastructure namely, water, electricity, road connectivity
and security, at the proposed site.
Institutes to
be open to all
races, creeds
and classes.
5 of 2007.
Teaching at
Institute.
Institute to be
a distinct legal
entity not-for-
profit.
Establishment
of Institute by
Central
Government,
State
Government
and industry
partners.
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(3) The Central Government may, with the concurrence of the concerned
State Government, suggest modifications, if any, to the proposal submitted to it under
sub-section (1).
(4) Where a proposal submitted by the State Government under sub-section (1) is not
acceptable to the Central Government, the Central Government shall communicate its decision
to that State Government, specifying the reasons for such decision.
(5) The Central Government shall, on acceptance of the proposal with modifications, if
any, under sub-section (3), enter into a memorandum of understanding or an agreement with
the concerned State Government and the industry partners for the establishment of the
proposed Institute.
(6) The industry partner shall—
(a) actively participate in the governance of the Institute within the overall
framework;
(b) support and facilitate joint research projects with the Indian Institutes of
Information Technology either through funding, collaboration or in any other manner;
(c) depute experienced individuals as adjunct faculty;
(d) encourage, enable, support and mentor students to do research project as a
part of their course curriculum, within their enterprise;
(e) accept faculty members of the the Indian Institutes of Information
Technology on a sabbatical to work for short period with the industry;
(f) co-create programs as per the requirements of the industry with the Institution;
(g) provide internship to students from the the Indian Institutes of Information
Technology;
(h) facilitate for placement of students from the Indian Institutes of Information
Technology;
(i) sponsor their eligible employees for doctorate studies in the Indian Institutes
of Information Technology; and
(j) fund and mentor the startups in the Institution.
(7) Every memorandum of understanding or agreement referred to in sub-section (5)
shall contain—
(a) the investment proposal of capital in establishment of the Institute and the
respective shares as may be prescribed;
(b) the first Statutes of the Institute;
(c) the commitment of the Central Government, the concerned State
Government, and the industry partner in ensuring autonomy to the proposed
Institute; and
(d) the conditions, if the industry partners pulls out.
CHAPTER III
AUTHORITIES OF INDIAN INSTITUTES OF INFORMATION TECHNOLOGY
ESTABLISHED IN PUBLIC-PRIVATE PARTNERSHIP
12. (1) The President of India shall be the Visitor of every Institute.
(2) The Visitor may appoint one or more persons to review the work and progress of
any Institute and to hold inquiries into the affairs thereof and to report thereon in such
manner as the Visitor may direct.
Visitor.
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(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 within the
report and the Institute shall be bound to comply with such directions within a reasonable
time.
13. The following shall be the authorities of an Institute, namely:—
(a) Visitor;
(b) Board of Governors;
(c) Senate;
(d) Finance Committee;
(e) such other authorities or posts as may be declared by the Statutes to be the
authorities of the Institute.
14. (1) The Board of Governors of each Institute shall be the principal policy making
and executive body of the Institute.
(2) The Board shall consist of the following members, namely:—
(a) Chairperson, an eminent technologist or industrialist or educationist to be
nominated by the Visitor on the recommendation of the Central Government;
(b) one nominee each of the Central Government and the concerned State
Government;
(c) three eminent persons, of which at least one shall be a woman, appointed by
the Board out of industry, research laboratories, and civil society, one from each
category;
(d) two eminent academicians appointed by the Board;
(e) one nominee representing each of the industry partners:
Provided that if there are more than two industry partners then the number of
representatives of industry partners at any time would be limited to two, chosen
amongst themselves by rotation every two years;
(f) Director of an Indian Institute of Technology or a National Institute of
Technology located in the region, to be nominated by the Board;
(g) two members from the faculty of the Institute, preferably one Professor and
one Associate/Assistant Professor, to be nominated by the Senate;
(h) one person from the Scheduled Castes or the Scheduled Tribes distinguished
in the field of education or industry or social service or public service, to be nominated
by the Board, in case any of the above do not belong to the Scheduled Castes or the
Scheduled Tribes; and
(i) Director of the Institute, ex officio.
(3) Registrar of the concerned Institute shall be the ex officio non-member Secretary of
the Board.
(4) The First Board of Governors shall be notified by the Central Government by
obtaining nominations under sub-section (2), other than the members referred to in clauses
(c), (d), (f) and (h), which shall be decided in the first meeting of the Board of Governors.
15. (1) Save as otherwise provided in this section, the term of office of the Chairperson
or any other member of the Board, other than an ex officio member, shall be for a period of
three years from the date of nomination.
(2) The term of office of an ex officio member shall continue so long as the member
holds the office by virtue of which he is a member.
Authorities of
Institute.
Board of
Governors.
Term of
office of
vacancies
among and
allowances
payable to,
members of
Board.
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(3) A member of the Board, other than an ex officio member, who fails to attend three
consecutive meetings of the Board without the leave of absence, shall cease to be a member
of the Board.
(4) One-third of the members of the Board shall form a quorum of the Board, provided
at least three members are from members referred to in clauses other than clauses (e), (g)
and (i) of sub-section (2) of section 14.
(5) The members of the Board shall be entitled to such allowances, as may be laid
down in Statutes, for attending meetings of the Board or as may be convened by the Institute.
16. (1) The Chairperson may, by writing under his hand addressed to the Visitor,
resign his office.
(2) Any member of the Board, except ex officio members, may, by writing under his
hand addressed to the Chairperson, resign his office.
17. (1) Subject to the provisions of this Act, the Board shall be responsible for the
general policy making, superintendence, providing direction and shall have the power to
frame, amend, modify or rescind the Statutes and the Ordinances governing the affairs of
the Institute to achieve the objectives specified in section 6.
(2) Without prejudice to the provisions of sub-section (1), the Board shall have the
following powers, namely:—
(a) to decide questions of policy relating to the Institute;
(b) to establish departments, faculties or schools of studies and initiate
programmes or courses of study at the Institute;
(c) to examine and approve the annual budget estimates of the Institute;
(d) to examine and approve the plan for development of the Institute and to
identify sources of finance for implementation of the plan;
(e) to create teaching, academic, administrative, technical and other posts and
to make appointments thereto;
(f) to provide by the Statutes, the qualifications, criteria and processes for
appointment to teaching and other posts in the Institute;
(g) to approve fees and other charges payable for pursuit of studies, courses
or programmes in the Institute;
(h) to make Statutes, subject to provisions of section 32, governing the
administration, management and operations of such Institute;
(i) to grant degrees, diplomas and other academic distinctions or titles, and to
institute and award fellowships, scholarships, prizes and medals; and
(j) to exercise such other powers and perform such other duties as may be
conferred or imposed by this Act or the Statutes.
(3) The Board may, subject to the provisions of this Act and the Statutes, delegate
such powers and functions to the Senate or the Director, as the Board may deem fit.
(4) The Board shall put in place policies to make the Institute self-sustaining within a
period of five years.
(5) The Board shall periodically conduct a review of the performance of the Director
with specific reference to the leadership in the achievement of the objectives of the Institute.
(6) The Board shall in exercise of the powers and discharge of functions strive to
provide autonomy in academic matters to the Senate and departments of faculties or schools,
as the case may be.
Resignation
of
Chairperson.
Powers and
functions of
Board.
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(7) Wherein 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 Institute, the Chairperson,
in consultation with the Director, may issue such orders as may be necessary, recording in
writing the grounds for the opinion:
Provided that such orders shall be submitted for ratification of the Board in the next
meeting.
18. (1) The Senate of every Institute shall consist of the following persons, namely:—
(a) the Director of the Institute who shall be the ex officio Chairperson of the
Senate;
(b) all Deans, ex officio;
(c) heads of all departments, faculties or schools, ex officio, as the case may be,
of the Institute;
(d) all full-time professors other than the Deans or heads of the Departments;
(e) three persons from amongst educationists of repute or persons from another
field related to the activities of the Institute who are not in service of the Institute,
nominated by the Board;
(f) three persons who are not members of teaching staff co-opted by the Senate
for their specialised knowledge; and
(g) Registrar of the Institute, ex officio Secretary.
(2) The term of office of members nominated under clauses (e) and (f) shall be for a
period of two years from the date of nomination.
(3) The term of office of an ex officio member shall continue so long as the member
holds the office by virtue of which he is a member.
19. (1) Subject to the provisions of this Act, the Statutes and the Ordinances, the
Senate shall be the principal academic body of the Institute and shall have the power to
enact, amend or modify the Ordinances governing academic matters and the affairs and
well-being of students.
(2) Without prejudice to the provisions of sub-section (1), the Senate shall have the
following powers, namely:—
(a) to specify the criteria and procedure for admission to courses or programmes
of study offered by the Institute;
(b) to recommend to the Board 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;
(c) to recommend to the Board about starting of new programmes or courses
of study;
(d) to specify the broad academic content of programmes and courses of study
and undertake modifications therein;
(e) to specify the academic calendar and approve grant of degrees, diplomas
and other academic distinctions or titles;
(f) to appoint examiners, moderators, tabulators and such other personnel for
different examinations;
(g) to recognise diplomas and degrees of Universities and other Institutes and
to determine equivalence with the diplomas and degrees of the Institute;
(h) to suggest measures for departmental co-ordination;
Senate.
Powers and
functions of
Senate.
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(i) to make major recommendations to the Board of Governors on—
(A) measures for improvement of standard of teaching, training and
research;
(B) institution of chairs, fellowships, scholarships, studentships, free-
ships, medals and prizes and other related matters;
(C) establishment or abolition of departments or centres; and
(D) academic functioning of the Institute, discipline, residence, admissions,
examinations, award of fellowships and studentships, freeships, concessions,
attendance and other related matters;
(j) to appoint sub-committees to advise on such specific matters as may be
referred to by the Board or by itself;
(k) to consider the recommendations of the sub-committees and to take such
action including making of recommendations to the Board as may be required;
(l) to take periodical review of the activities of the departments or centres and
to take appropriate action including making of recommendations to the Board with a
view to maintain and improve the standards of instructions, in the institutions; and
(m) to exercise such other powers and discharge such other functions as may be
assigned to it, by Statutes or otherwise, by the Board.
20. (1) The Finance Committee of each Institute shall consist of the following persons,
namely:—
(a) the Chairperson of the Board shall be the ex officio Chairperson of the
Committee;
(b) one representative of the Government of India, Ministry of Human Resource
Development, Department of Higher Education handling the matters relating to finance,
ex officio;
(c) one representative of the State Government in which the Institute is located,
ex officio;
(d) one representative of the industry partners chosen from amongst themselves;
(e) the Director, ex officio; and
(f) the officer in-charge of finance and accounts of the Institute, ex officio Secretary.
(2) The members of the Finance Committee other than ex officio members shall hold
office for a term of three years.
21. The Finance Committee shall examine the accounts, scrutinise proposals for
expenditure and financial estimates of the Institute and thereafter submit it to the Board
together with its comments for approval.
22. (1) The Chairperson shall ordinarily preside over the meetings of the Board,
Finance Committee 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 duties
as may be assigned to him by this Act or the Statutes.
23. (1) The Director shall be the principal executive officer of the Institute and shall
be responsible for implementation of the decisions of the Board and Senate and for day-to-
day administration of the Institute.
(2) The Director shall be appointed by the Visitor, on such terms and conditions of
service as may be laid down by the Statutes.
Finance
Committee.
Powers and
functions of
Finance
Committee.
Meetings.
Director.
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(3) The Director shall be appointed out of the panel of names recommended by a
search-cum-selection committee consisting of—
(a) Chairperson of the Board, who shall be the Chairperson of the search-cum-
selection committee;
(b) two members, nominated by the Board, from amongst eminent administrators,
industrialists, educationists, scientists, technocrats and management specialists;
(c) nominee of the State Government in which the Institute is located;
(d) nominee of one of the industry partners by rotation;
(e) head of the Bureau, Ministry of Human Resource Development dealing with
Indian Institutes of Information Technology—Member Secretary, ex officio;
(4) The Director shall exercise the powers and perform the duties as may be assigned
under this Act or the Statutes or Ordinances, or as may be delegated by the Board.
(5) The Director shall, except on account of resignation or removal, hold office for a
period of five years from the date of assumption of charge as Director.
(6) The Director may, by writing under his hand addressed to the Chairperson, resign
his office.
(7) The Visitor may remove from office the Director, who —
(a) has been adjudged as insolvent; or
(b) has been convicted of an offence which, in the opinion of the Visitor, involves
moral turpitude; or
(c) has become physically or mentally incapable of acting as a Director; or
(d) has acquired such financial or other interest as is likely to affect prejudicially
the functions as a Director; or
(e) has so abused the position or so conducted as to render the continuance in
office prejudicial to the public interest:
Provided that the Director shall not be removed from office except by an order made
by the Visitor, after an enquiry instituted by the Board, in which the Director has been
informed of the charges and given a reasonable opportunity of being heard in respect of
those charges.
(8) The Board shall initiate the process of appointment in respect of any vacancy due
to arise for the post of Director on completion of tenure before a period of six months from the
date of arising of such vacancy and that the process of appointment shall be completed
before such vacancy arises.
(9) Where the post of Director falls vacant on account of any reason other than
completion of tenure, the process of appointment shall be initiated by the Board within one
month of such vacancy and process shall be completed as early as possible.
24. (1) The Registrar of every Institute shall be appointed on such terms and conditions
as may be laid down by the Statutes.
(2) The Registrar shall exercise such powers and perform such duties as may be
assigned to him by the Statutes or by the Director.
(3) The Registrar shall be responsible to the Director for the proper discharge of his
functions.
25. (1) The Institute shall, within five years from the date of establishment and
incorporation under this Act and thereafter at the expiration of every fifth year, constitute,
Registrar.
Review of
performance of
Institute.
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with the prior approval of the Board, a review committee or shall appoint an agency as a third
party to evaluate the performance of the Institute and its achievements with respect to its
objectives during the said period.
(2) The review committee constituted under sub-section (1) shall consist of members
of repute in academia or industry, from relevant fields of teaching, learning and research in
such Institute.
(3) The third party agency appointed under sub-section (1) shall have past experience
of conducting such evaluations.
(4) The review committee or the third party agency, as the case may be, shall assess the
performance of Institute and shall submit its report with recommendations on—
(a) the extent of fulfilment of the objects of the Institute mentioned in section 6,
as demonstrated by the state of teaching, learning and research, and its contribution
to the society;
(b) the promotion of transformational research and its impact on industry and
society;
(c) the advancement of fundamental research beyond the current frontiers of
knowledge;
(d) the establishment of the Institute as amongst the global leaders in the area of
information technology;
(e) such other parameters as the Board may consider necessary and specify.
(5) The Board shall place the report of the review committee or the third party agency
in the public domain and on its website and consider the recommendations referred to in
sub-section (3) and take such action as it may deem fit:
Provided that the recommendations of the review committee or the third party agency
along with an explanatory memorandum on the action taken or proposed to be taken,
specifying the reasons thereof, shall be submitted to the Central Government.
CHAPTER IV
ACCOUNTS AND AUDIT
26. (1) For the purposes of enabling the Institute to discharge their functions efficiently
under this Act, the Central Government and the State Government may, after due appropriation
made by the Parliament and the concerned State Legislature, as the case may be, by law in
this behalf, pay to each Institute in every financial year such sums of money in such manner
as is required to fulfil their obligations under section 11.
(2) The Central Government and the concerned State Government shall provide to
each Institute, grants of such sums of money as are required to meet the expenditure on
scholarships or fellowships instituted by it, including scholarships or fellowships for
students from socially and educationally backward classes of citizens enrolled in such
Institute.
27. (1) Every Institute shall maintain a Fund to which shall be credited—
(a) all monies provided by the Central Government or the State Government or
industry partner, as the case may be;
(b) all fees and other charges received by the Institute from students;
(c) all monies received by the Institute by way of grants, gifts, donations,
benefactions, bequests or transfers;
(d) all monies received by the Institute from utilisation of intellectual property
Grants by
Central
Government
and State
Governments.
Fund of
Institute.
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arising from research conducted or provision of advisory or consultancy services by
it; and
(e) all monies received by the Institute in any other manner or from any other
source.
(2) The Fund of every Institute shall be applied towards meeting the expenses of the
Institute including expenses incurred in the exercise of its powers and discharge of its duties
under this Act, furtherance of research in the Institute or in collaboration with other educational
institutions or industry and for capital investment aimed at the growth and development of
the Institute.
(3) All monies credited to the Fund of every Institute shall be deposited in such banks
or invested in such manner as the Institute may, with approval of the Board, decide.
(4) Each Institute shall create a corpus fund for long term sustainability of the Institute,
to which shall be credited such per cent. of the net income of the Institute and donations
made specifically towards such corpus fund as the Central Government may, in accordance
with the provisions of the Income-tax Act, 1961, notify:
Provided that the Board may also create endowment funds for specific purpose to
which donations may be specifically made.
28. (1) Every Institute 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
Institute do not comply with the accounting standards, the Institute shall disclose in its
statement of income and expenditure and balance sheet, the following, namely:—
(a) the deviation from the accounting standards;
(b) the reasons for such deviation; and
(c) the financial effect, if any, arising out due to such deviation.
(3) The accounts of every Institute shall be audited by the Comptroller and Auditor-
General of India or any other person in accordance with the provisions of the extant rules and
any expenditure incurred by audit team in connection with such audit shall be payable by the
Institute to the Comptroller and Auditor-General of India or such person.
(4) The Comptroller and Auditor-General of India and any person appointed 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
rights to demand the production of books, accounts, connected vouchers and other
documents and papers and to inspect the offices of the Institute.
(5) The accounts of every Institute as certified by the Comptroller and Auditor-General
of India or any other person appointed in this behalf together with the audit report thereon
shall be forwarded annually to the Central Government.
29. Every Institute 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 laid down by the Statutes.
30. All appointments of the staff of every Institute, except that of the Director, shall be
made in accordance with the procedure laid down in the Statutes.
31. Subject to the provisions of this Act, the Statutes may provide for all or any of the
following matters, namely:—
(a) the formation of departments of teaching;
43 of 1961.
Accounts and
audit.
Pension and
provident
fund.
Appointments.
Statutes.
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(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(c) the terms of office and the method of appointment of officers of the
Institute;
(d) the qualifications of teachers of the Institute;
(e) the classification, method of appointment and the determination of the terms
and conditions of service of teachers and other staff of the Institute;
(f) the constitution of pension, insurance and provident funds for the benefit of
the officers, teachers and other staff of the Institute as per the provisions existing from
time to time;
(g) the constitution, powers and duties of the authorities of the Institute;
(h) the establishment and maintenance of halls and hostels;
(i) the conditions of residence of students of the Institute and the levying of
fees for residence in the halls and hostels and of other charges;
(j) the allowances to be paid to the Chairperson and members of the Board;
(k) the authentication of the orders and decisions of the Board;
(l) 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
(m) any other matter as may be considered necessary for the efficient functioning
of the Institute.
32. (1) The first Statute of each Institute shall be framed by the Board with the prior
approval of the Visitor.
(2) The Board may, from time to time, make new or additional Statutes or may amend or
repeal the Statutes.
33. Subject to the provisions of this Act and the Statutes, the Ordinances of every
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;
(c) the conditions under which students shall be admitted to the degree or
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.
34. (1) Save as otherwise provided in this section, Ordinances shall be made by the
Senate.
Ordinances
how to be
made.
Statutes how
to be made.
Ordinances.
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(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.
35. (1) (a) Any dispute arising out of a contract between an 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, and an umpire appointed by the Visitor.
(b) The decision of the Tribunal shall be final and shall not be questioned in any court.
(c) 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.
(d) 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.
(e) Nothing in any law for the time being in force relating to arbitration shall apply to
arbitrations under this section.
(2) Any student or candidate for an examination whose name has been removed from
the rolls of the Institute by the orders or resolution of the Director of the Institute and who
has been debarred from appearing at the examinations of the Institute for more than one year,
may within ten days of the date of receipt of such resolution by him, appeal to the Board who
may confirm, modify or reverse the decision of the Director.
(3) Any dispute arising out of any disciplinary action taken by the Institute against a
student shall, at the request of such student, be referred to a Tribunal of Arbitration and the
provisions of sub-section (1) shall, as far as may be, apply to a reference made under this
sub-section.
(4) Every employee or student of the Institute, notwithstanding anything contained in
this Act, have a right to appeal within such time as may be laid down by the Statutes, to the
Board of Governors against the decision of any officer or authority of the Institute, as the
case may be, and thereupon the Board may confirm, modify or reverse the decision appealed
against.
36. (1) There shall be attached to every statement of accounts laid before the Board of
each Institute, a report by its Director, with respect to—
(a) the state of affairs of such Institute;
(b) the amount, if any, which it proposes to carry forward to any surplus reserves
in its balance sheet;
(c) the extent to which understatement or overstatement of any surplus of income
over expenditure or any shortfall of expenditure over income has been indicated in the
auditor's report and the reasons for such understatement or overstatement;
(d) the productivity of research projects undertaken by the Institute measured in
accordance with such norms as may be specified by any statutory regulatory authority;
(e) appointments of the officers and teachers of the Institute;
(f) benchmark and internal standards set by the Institute, including the nature of
innovations in teaching, research and application of knowledge.
Tribunal of
Arbitration.
Annual report
of Director.
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(2) The Director shall also be bound to give the complete information and explanation
in its report on every reservation, qualification or adverse remark contained in the auditors'
report.
37. (1) The annual report of each Institute shall be prepared under the direction of the
Board, which shall include, among other matters, the steps taken by the Institute towards the
fulfilment of its objects and an outcome based assessment of the research being undertaken
in such Institute, and be submitted to the Board on or before such date as may be specified
and the Board shall consider the report in its annual meeting.
(2) The annual report as approved by the Board shall be published and placed on the
website of the Institute.
(3) The Board shall prepare and release for every year a report, in English and in Hindi,
the working of the Institute in the previous year on or before the expiry of nine months from
the close of financial year, and a copy of the same, together with an audited statement of
accounts showing the income and expenditure for the previous year shall be submitted to
the Central Government and the concerned State Government within that stipulated time,
and the same may be caused to be laid before each House of Parliament and the concerned
State Legislature.
CHAPTER V
CO-ORDINATION FORUM
38. (1) In order that there may be better co-ordination among the Institutes, the
Central Government may, by notification in the Official Gazette, establish, with effect from
such date as may be specified in the notification, a central body to be called the Co-ordination
Forum for all the Institutes specified in column (5) of the Schedule.
(2) The Co-ordination Forum shall consist of the following members, namely:—
(i) the Minister in-charge of the Ministry or Department of the Central
Government having administrative control of technical education, ex officio, as
Chairperson;
(ii) Secretary to the Government of India, in-charge of the Department of the
Central Government having administrative control of technical education, ex officio;
(iii) four Secretaries in-charge of department looking after Indian Institutes of
Information Technology of State Governments in which the Institutes are located, to
be nominated by the Chairperson of the Co-ordination Forum, by rotation for two
years, ex officio;
(iv) four Chairpersons of the Institutes, to be nominated by the Chairperson of
the Co-ordination Forum, by rotation for two years;
(v) the Directors of each of the Institutes, ex officio;
(vi) four industry partners, to be nominated by the Chairperson of the
Co-ordination Forum, not more than one from any Institute, by rotation every two years;
(vii) three persons of eminence, of which at least one shall be a woman,
in academia, industry or public service, to be nominated by the Co-ordination
Forum; and
(viii) one representative of All India Council of Technical Education:
Provided that while nominating under clauses (iii), (iv) and (vi), care shall be taken
to ensure representation of as many Institutes as possible by selecting Secretaries of
State Governments, Chairpersons of the Institutes, and representatives of industry partners
from the Board of different Institutes to the extent possible.
Annual report
of each
Institute.
Co-ordination
Forum.
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(3) An officer of the Department of Higher Education, Government of India, not below
the rank of Joint Secretary, concerned with technical education, ex officio, to act as the
Member-Secretary of the Co-ordination Forum.
(4) The Co-ordination Forum may, at its discretion, constitute a Standing Committee of
the Indian Institute of Information Technology Co-ordination Forum (Public-private
Partnership) to assist the Co-ordination Forum in discharge of its duties and
responsibilities.
(5) The expenditure on the Co-ordination Forum shall be met by the resources pooled
by all the Institutes governed by this Act.
39. (1) The term of office of a member referred to in clause (viii) of sub-section (2)
of section 38 shall be three years from the date of nomination.
(2) The term of office of an ex officio member shall continue so long as the member
holds the office by virtue of which he is a member.
(3) While nominating members to the Co-ordination Forum under clauses (iii), (iv) and
(vi) of sub-section (2) of section 38, the Chairperson of the Co-ordination Forum shall, to the
extent possible, ensure maximum possible representation from each Institute.
(4) The members of the Co-ordination Forum shall be entitled to travelling and such
other allowances, as may be prescribed, for attending meetings of the Co-ordination Forum
or its Committees thereof.
40. (1) The Co-ordination Forum shall facilitate the sharing of experience, ideas and
concerns with a view to enhancing the performance of all the Institutes.
(2) Without prejudice to the provisions of sub-section (1), the Co-ordination Forum
shall perform the following functions, namely:—
(a) advise the Central Government to include a new institution or exclude an
existing institution from the Schedule;
(b) deliberate on such matters of common interest to Institutes as may be
referred to it by any Institute;
(c) promote necessary co-ordination and co-operation in the working of the
Institutes;
(d) 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; and
(e) perform such other functions as may be referred to it by the Central
Government or any State Government:
Provided that nothing in this section shall derogate the powers and functions
vested by law in the Board or Senate or other authorities of each Institute.
(3) The Chairperson of the Co-ordination Forum shall ordinarily preside at the
meetings of the Co-ordination Forum and in the absence, the Secretary to the Government of
India, in-charge of the Department of the Central Government having administrative control
of technical education, shall preside at the meeting.
(4) The Co-ordination Forum shall meet at least once in every year, or as and when
deemed necessary by the Chairperson of the Co-ordination Forum, and follow such procedure
in its meetings, as may be prescribed.
Term of
office and
allowances
payable to
members of
Co-ordination
Forum.
Functions and
duties of
Co-ordination
Forum.
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CHAPTER VI
MISCELLANEOUS
41. (1) The Central Government may, after previous publication, by notification make
rules for carrying 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 form and manner in which the State Government shall submit proposal to
the Central Government under sub-section (2) of section 11;
(b) the investment proposal of capital in establishment of the Institute and the
respective shares under sub-section (7) of section 11;
(c) the travelling and other allowances payable to members of the Co-ordination
Forum under sub-section (4) of section 39;
(d) the procedure to be followed in the meetings of the Co-ordination Forum
under sub-section (4) of section 40.
42. No act of the Co-ordination Forum, or any Institute 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 irregularity in its procedure not affecting the merits of the case; or
(c) any defect in the selection, nomination or appointment of a person acting as
a member thereof.
43. (1) The Institute 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.
(2) The Institute, shall furnish to the State Government in which such Institute is
located, such returns or other information with respect to its policies or activities as that
Government may, for the purpose of reporting to the concerned State Legislature or for
the making of policy, from time to time require.
44. The Institute shall carry out such directions as may be issued to it from time to
time by the Central Government for the efficient administration of this Act.
45. The provisions of the Right to Information Act, 2005 shall apply to each Institute,
as if it were a public authority defined in clause (h) of section 2 of the Right to Information
Act, 2005.
46. Notwithstanding anything contained in this Act—
(1) (a) the Board of every 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 Board holding office before such commencement of this Act shall
cease to hold office;
(b) every Senate constituted in relation to every Institute 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 Institute, but on the constitution of
the new Senate under this Act, the members of the Senate holding office before the
commencement of this Act shall cease to hold office;
Power to
make rules.
Acts and
proceedings
not to be
invalidated by
vacancies, etc.
Returns and
information to
be provided to
Central
Government or
State
Government.
Power of
Central
Government to
issue
directions.
Transitional
provisions.
22 of 2005.
Institute to be
public
authority under
Right to
Information
Act.
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(c) rules, bye-laws and Ordinances of each existing Institute as in force,
immediately, before the commencement of this Act, shall continue to apply in the
corresponding institute in so far as they are not inconsistent with the provisions of
this Act, until the first Statutes and Ordinances are made under this Act;
(d) in case there are no such rules, bye-laws or Ordinances, the Statutes,
Ordinances, rules and regulations of one of the existing centrally funded Indian
Institutes of Information Technology as adopted by the Board of the concerned Institute,
shall apply to the Institute in so far as they are not inconsistent with the provisions of
the Act until the first Statutes and the Ordinances are made under this Act.
(2) The Central Government may, without prejudice to the provisions of
sub-section (1), if it considers necessary and expedient to do so, by notification, take
such measures which may be necessary for the transfer of the existing Institute to the
corresponding Institute mentioned under column (5) of the Schedule.
47. (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 or give
such directions not inconsistent with the provisions of this Act, as appears to it to be
necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of the
period 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.
48. Every rule, Statute, Ordinance made, and every notification issued, by the Central
Government under this Act, shall be laid, as soon as may be after it is made or issued,
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,
Ordinance or notification or both Houses agree that the rule, Statute, Ordinance or notification
should not be made or issued, the rule, Statute, Ordinance or notification 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, Ordinance or notification.
Power to
remove
difficulties.
Laying of
rules,
Statutes,
Ordinances
and
notifications.
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THE SCHEDULE
[See section 4(1)]
Sl. No. Name of the State
Name of the existing institute
Location
Name of Institute Incorporated
under this Act
(1)
(2)
( 3 )
( 4 )
( 5 )
1.
Andhra Pradesh
Indian Institute of Information Technology,
Indian Institute of
Indian Institute of Information
Sri City Chittoor, being a society registered
Information Technology,
Technology, Sri City, Chittoor.
under the Societies Registration Act, 1860
Sri City, Chittoor
(21 of 1860)
2.
Assam
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Guwahati, being a society registered under
Technology, Guwahati
Technology, Guwahati.
the Societies Registration Act, 1860
(21 of 1860)
3.
Gujarat
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Vadodara, being a society registered under
Technology, Vadodara
Technology, Vadodara.
the Societies Registration Act, 1860
(21 of 1860)
4.
Haryana
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Sonepat, being a society registered under
Technology, Sonepat
Technology, Sonepat.
the Societies Registration Act, 1860 (21 of 1860)
5.
Himachal Pradesh
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Una, being a society registered under the
Technology, Una
Technology, Una.
Societies Registration Act, 1860 (21 of 1860)
6.
Jharkhand
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Ranchi, being a society registered under the
Technology, Ranchi
Technology, Ranchi.
Societies Registration Act, 1860 (21 of 1860)
7.
Karnataka
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Dharwad, being a society registered under
Technology, Dharwad
Technology, Dharwad.
the Societies Registration Act, 1860 (21 of 1860)
8.
Kerala
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Kottayam, being a society registered under
Technology, Kottayam
Technology, Kottayam.
the Societies Registration Act, 1860 (21 of 1860)
9.
Maharashtra
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Nagpur, being a society registered under the
Technology, Nagpur
Technology, Nagpur.
Societies Registration Act, 1860 (21 of 1860)
10.
Maharashtra
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Pune, being a society registered under the
Technology, Pune
Technology, Pune.
Societies Registration Act, 1860 (21 of 1860)
11.
Manipur
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Senapati, being a society registered under
Technology, Senapati
Technology, Senapati.
the Societies Registration Act, 1860
(21 of 1860)
12.
Rajasthan
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Kota, being a society registered under the
Technology, Kota
Technology, Kota.
Societies Registration Act, 1860 (21 of 1860)
13.
Tamil Nadu
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Tiruchirapalli, being a society registered
Technology, Srirangam,
Technology, Tiruchirapalli.
under the Societies Registration Act, 1860
Tiruchirapalli
(21 of 1860)
14.
Uttar Pradesh
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Lucknow, being a society registered under
Technology, Lucknow
Technology, Lucknow.
the Societies Registration Act, 1860 (21 of 1860)
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¨sÁUÀ 4
15.
West Bengal
Indian Institute of Information Technology,
Indian Institute of Information
Indian Institute of Information
Kalyani, being a society registered under
Technology, Kalyani
Technology, Kalyani.
the Societies Registration Act, 1860
(21 of 1860)
(1)
(2)
( 3 )
( 4 )
( 5 )
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
————
CORRIGENDA
In the CENTRAL GOODS AND SERVICES TAX ACT, 2017 (12 OF 2017) as published in the Gazette of India,
Extraordinary, Part II, Section 1, Issue No. 12, dated the 12th April, 2017,—
Page No.
Line(s) No.
For
Read
18
36
‘‘and State’’
‘‘and the State’’—
73
20
‘‘authority’’
‘‘authority; or’’
76
20
‘‘he shall be’’
‘‘shall be’’
76
44
‘‘summon’’
‘‘summons’’
86
2
‘‘(Textile and Textile Articles)’’
‘‘(Textiles and Textile Articles)’’
86
20
‘‘(Textile and Textile Articles)’’
‘‘(Textiles and Textile Articles)’’
P.R. 82
SC - 20
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F
PɼÀPÀAqÀ
The Right of Children to free and Compulsory Education (Amendment) Act, 2017 (No. 24 of 2017) ¢£ÁAPÀ 10-08-2017 C£ÀÄß ¸ÁªÀðd¤PÀgÀ
ªÀiÁ»wUÁV PÀ£ÁðlPÀ gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
Short title and
commencement.
THE RIGHT OF CHILDREN TO FREE AND COMPULSORY
EDUCATION (AMENDMENT) ACT, 2017
NO. 24 OF 2017
[9th August, 2017.]
An Act further to amend the Right of Children to Free and Compulsory
Education Act, 2009.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
1. (1) This Act may be called the Right of Children to Free and Compulsory Education
(Amendment) Act, 2017.
(2) It shall be deemed to have come into force on the 1st day of April, 2015.
2. In the Right of Children to Free and Compulsory Education Act, 2009, in section 23,
in sub-section (2), after the proviso, the following proviso shall be inserted, namely:—
"Provided further that every teacher appointed or in position as on the
31st March, 2015, who does not possess minimum qualifications as laid down under
Amendment of
section 23.
35 of 2009.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 10th August, 2017/Shravana 19, 1939 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2017 and is hereby published for general information:—
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860
¨sÁUÀ 4
sub-section (1), shall acquire such minimum qualifications within a period of four
years from the date of commencement of the Right of Children to Free and Compulsory
Education (Amendment) Act, 2017.".
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
P.R. 83
SC - 20
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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.
R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 297
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