1899
Panaji, 9th February, 2017 (Magha 20, 1938)
SERIES I No. 45
Reg. No. G-2/RNP/GOA/32/2015-2017
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: dir–[email protected]
Department Notification Subject
Pages
1. Information & Publicity
Not.- DI/RTI/BILL/
Specifying Intelligence and Security Organizations
1899
Director & ex officio Jt. Secy.
/PT-05/5048
of the Goa Police Department not to come under
RTI Act.
2.a. Law & Judiciary
Not.- 10/4/2016-LA
The Child Labour (Prohibition and Regulation)
1900
Under Secretary
Amendment Act, 2016.
b. —do—
Not.- 10/4/2016-LA
The Appropriation (No. 3) Act, 2016.
1904
c. —do—
Not.- 10/4/2016-LA
The Institutes of Technology (Amendment) Act, 2016. 1907
INDEX
NOTE
There is one Extraordinary issue to the Official Gazette, Series I No. 44 dated 2-2-2017, namely, Extraordinary dated
6-2-2017 from pages 1897 to 1898 regarding Tariff Order— Not. No. 120/03/JERC-FPPCA/CEE/Tech from Department of
Power (Office of the Chief Electrical Engineer).
GOVERNMENT OF GOA
Department of Information and Publicity
___
Notification
DI/RTI/BILL/PT-05/5048
In exercise of the powers conferred by
sub-section (4) of section 24 of the Right to
Information Act, 2005 (Central Act 22 of 2005)
and in supersession of the Government
Notification No. DI/RTI/BILL/PT/05/7867
dated 30-1-2009, published in the Official
Gazette, Series I No. 48, dated 26-2-2009 and
the Government Notification No. DI/INF/RTI-
-Notif./2011/1720 dated 13-7-2012, published
in the Official Gazette, Series II No. 22, dated
1-9-2016, the Government of Goa hereby
specifies the following intelligence and
security organizations of the Goa Police
Department, Panaji, for the purpose of the
said sub-section (4) of section 24 of the said
Act, namely:—
(1) Special Branch (CID), Police Department,
Goa.
(2) Anti-Narcotic Cell, Police Department,
Goa.
(3) Communication Unit (Police Wireless)
consisting of operational, technical and cipher
Division, Police Department, Goa.
(4) Anti-Terrorism Squad (ATS), Police
Department, Goa.
This Notification shall come into force with
immediate effect.
By order and in the name of the Governor
of Goa.
Jayant Tari, Director & ex officio Joint
Secretary (Information and Publicity).
Panaji, 7th February, 2017.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 45
9TH FEBRUARY, 2017
1900
Department of Law & Judiciary
Legal Affairs Division
—
Notification
10/4/2016-LA
The Child Labour (Prohibition and
Regulation) Amendment Act, 2016 (Central
Act No. 35 of 2016), which has been passed by
Parliament and assented to by the President
on 29-07-2016 and published in the Gazette
of India, Extraordinary, Part II, Section 1,
dated 30-07-2016, is hereby published for the
general information of the public.
Julio Barbosa Noronha, Under Secretary
(Law).
Porvorim, 4th November, 2016.
————
THE CHILD LABOUR (PROHIBITION
AND REGULATION) AMENDMENT
ACT, 2016
AN
ACT
further to amend the Child Labour
(Prohibition and Regulation) Act, 1986.
Be it enacted by Parliament in the Sixty-
-seventh Year of the Republic of India as
follows:—
1. Short title and commencement.— (1)
This Act may be called the Child Labour
(Prohibition and Regulation) Amendment
Act, 2016.
(2) It shall come into force on such date as
the Central Government may, by notification
in the Official Gazette, appoint.
2. Amendment of long title.— In
the Child Labour (Prohibition and
Regulation) Act, 1986 (hereinafter
referred to as the principal Act), for
the long title, the following shall be
substituted, namely:—
“An Act to prohibit the engagement of
children in all occupations and to prohibit
the engagement of adolescents in
hazardous occupations and processes and
the matters connected therewith or
incidental thereto.”.
3. Amendment of short title.— In
section 1 of the principal Act, in
sub-section (1), for the words,
brackets and figures “the Child
Labour (Prohibition and Regulation)
Act, 1986”, the words, brackets and
figures “the Child and Adolescent
Labour (Prohibition and Regulation)
Act, 1986” shall be substituted.
4. Amendment of section 2.— In section 2
of the principal Act,—
(a) clause (i) shall be renumbered as
clause (ia) thereof and before clause (ia) as
so renumbered, the following clause shall
be inserted, namely:—
‘(i) “adolescent” means a person who
has completed his fourteenth year of age
but has not completed his eighteenth
year;’;
(b) for clause (ii), the following clause
shall be substituted, namely:—
‘(ii) “child” means a person
who has not completed his
fourteenth year of age or such
age as may be specified in the
Right of Children to Free and
Compulsory Education Act,
2009, whichever is more;’.
5. Substitution of new section for section 3.—
For section 3 of the principal Act, the following
section shall be substituted, namely:—
“3. Prohibition of employment of children
in any occupation and process.— (1) No
child shall be employed or permitted to
work in any occupation or process.
(2) Nothing in sub-section (1) shall apply
where the child,—
(a) helps his family or family enterprise,
which is other than any hazardous
61 of 1986.
61 of 1986.
35 of 2009.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 45
9TH FEBRUARY, 2017
1901
occupations or processes set forth in the
Schedule, after his school hours or
during vacations;
(b) works as an artist in an audio-visual
entertainment industry, including
advertisement, films, television serials or
any such other entertainment or sports
activities except the circus, subject to
such conditions and safety measures, as
may be prescribed:
Provided that no such work under this
clause shall effect the school education
of the child.
Explanation.— For the purposes of
this section, the expression,
(a) “family” in relation to a child,
means his mother, father, brother,
sister and father’s sister and brother
and mother’s sister and brother;
(b) “family enterprise” means any
work, profession, manufacture or
business which is performed by the
members of the family with the
engagement of other persons;
(c) “artist” means a child who
performs or practices any work as a
hobby or profession directly involving
him as an actor, singer, sports person
or in such other activity as may be
prescribed relating to the entertain-
ment or sports activities falling under
clause (b) of sub-section (2).”.
6. Insertion of new section 3A.— After
section 3 of the principal Act, the following
section shall be inserted, namely:—
3A. Prohibition of employment of
adolescents
in
certain
hazardous
occupations and processes.— No adolescent
shall be employed or permitted to work
in any of the hazardous occupations or
processes set forth in the Schedule:
Provided that the Central Government
may, by notification, specify the nature of
the non-hazardous work to which an
adolescent may be permitted to work
under this Act.”.
7. Amendment of section 4.— In section 4
of the principal Act, for the words “add
any occupation or process to the Schedule”,
the words “add to, or, omit from, the Schedule
any hazardous occupation or process” shall
be substituted.
8. Amendment of section 5.— In section 5
of the principal Act,—
(i) in the marginal heading, for the
words “Child Labour Technical Advisory
Committee”, the words “Technical
Advisory Committee” shall be substituted;
(ii) in sub-section (1), for the words
“Child
Labour
Technical
Advisory
Committee”, the words “Technical
Advisory Committee” shall be substituted.
9. Amendment of Part III.— In the heading
of Part III of the principal Act, for
“CHILDREN” substitute “ADOLESCENTS.”.
10. Amendment of section 6.— In section 6
of the principal Act, for the word and figure
“section 3”, the word, figure and letter
“section 3A” shall be substituted.
11. Amendment of section 7.— In section 7
of the principal Act, for the word “child”,
wherever it occurs, the word “adolescent”
shall be substituted.
12. Amendment of section 8.— In section 8
of the principal Act, for the word “child”, the
word “adolescent” shall be substituted.
13. Amendment of section 9.— In section 9
of the principal Act, for the word “child”, at
both the places, where it occurs, the word
“adolescent” shall be substituted.
14. Amendment of section 10.— In section
10 of the principal Act, for the word “child”,
at both the places, where it occurs, the word
“adolescent” shall be substituted.
15. Amendment of section 11.— In section
11 of the principal Act,—
(a) for the word “children”, the word
“adolescent” shall be substituted.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 45
9TH FEBRUARY, 2017
1902
(b) for the word “child”, wherever it
occurs the word “adolescent” shall be
substituted.
16. Amendment of section 12.— In section
12 of the principal Act,—
(a) in the marginal heading, for the
words and figures “sections 3 and 14” the
words, figures and letter “section 3A and
14” shall be substituted;
(b) for the words and figures “sections 3
and 14”, the words, figures and letter
“sections 3A and 14” shall be substituted;
17. Amendment of section 13.— In section
13 of the principal Act, for the word
“children”, wherever it occurs, the word
“adolescent” shall be substituted.
18. Amendment of section 14.— In section
14 of the principal Act,—
(a) for sub-section (1), the following
sub-sections
shall
be
substituted,
namely:—
“(1) Whoever employs any child or
permits any child to work in contra-
vention of the provisions of section 3 shall
be punishable with imprisonment for a
term which shall not be less than six
months but which may extend to two
years, or with fine which shall not be
less than twenty thousand rupees but
which may extend to fifty thousand
rupees, or with both:
Provided that the parents or guardians
of such children shall not be punished
unless they permit such child for
commercial purposes in contravention of
the provisions of section 3.
(1A) Whoever employs any adolescent
or permits any adolescent to work in
contravention of the provisions of section
3A shall be punishable with imprison-
ment for a term which shall not be less
than six months but which may extend
to two years or with fine which shall not
be less than twenty thousand rupees
but which may extend to fifty thousand
rupees, or with both:
Provided that the parents or guardians
of such adolescent shall not be punished
unless they permit such adolescent to
work in contravention of the provisions
of section 3A.
(1B)
Notwithstanding
anything
contained in sub-sectons (1) and (1A) the
parents or guardians of any child or
adolescent referred to in section 3 or
section 3A, shall not be liable for
punishment, in case of the first offence.”.
(b) for sub-section (2), the following sub-
-sections shall be substituted, namely:—
“(2) Whoever, having been convicted
of an offence under section 3 or section
3A commits a like offence afterwards, he
shall be punishable with imprisonment
for a term which shall not be less than
one year but which may extend to three
years.
(2A)
Notwithstanding
anything
contained in sub-section (2), the parents
or guardian having been convicted of an
offence under section 3 or section 3A,
commits a like offence afterwards,
he shall be punishable with a fine
which may extend to ten thousand
rupees.”.
(c) clauses (a), (b) and (c) of sub-section (3)
shall be omitted.
19. Insertion of new sections 14A, 14B, 14C
and 14D.— After section 14 of the principal
Act, the following sections shall be inserted,
namely:—
“14A. Offences to be Congniz-
able.— Notwithstanding anything
contained in the Code of Criminal
Procedure, 1973, any offence
committed by an employer and
punishable under section 3 or
section 3A shall be cognizable.
2 of 1974.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 45
9TH FEBRUARY, 2017
1903
14B. Child and Adolescent Labour
Rehabilitation Fund.— (1) The appropriate
Government shall constitute a Fund in
every district or for two or more districts
to be called the Child and Adolescent
Labour Rehabilitation Fund to which the
amount of the fine realized from the
employer of the child and adolescent,
within the jurisdiction of such district or
districts, shall be credited.
(2) The appropriate Government shall
credit an amount of fifteen thousand rupees
to the Fund for each child or adolescent
for whom the fine amount has been
credited under sub-section (1).
(3) The amount credited to the Fund
under sub-section (1) and (2) shall be
deposited in such banks or invested in such
manner, as the appropriate Government
may decide.
(4) The amount deposited or invested,
as the case may be under sub-section (3),
and the interest accrued on it, shall be paid
to the child or adolescent in whose favour
such amount is credited, in such manner
as may be prescribed.
Explanation.— For the purposes of
appropriate Government, the Central
Government shall include the Administrator
or the Lieutenant Governor of a Union
territory under article 239A of the
Constitution.
14C. Rehabilitation of rescued child or
adolescent.— The child or adolescent, who
is employed in contravention of the
provisions of this Act and rescued, shall
be rehabilitated in accordance with the
laws for the time being in force.
14D. Compounding of offences.—
(1) Notwithstanding anything
contained in the Code of Criminal
Procedure, 1973, the District
Magistrate may, on the application
of the accused person, compound
any offence committed for the first
time by him, under sub-section (3)
of section 14 or any offence
committed by an accused person
being parent or a guardian, in
such manner and on payment
of such amount to the appropriate
Government, as may be prescribed.
(2) If the accused fails to pay such
amount for composition of the offence, then,
the proceedings shall be continued against
such person in accordance with the
provisions of this Act.
(3) Where any offence is compounded
before the institution of any prosecution,
no prosecution shall be instituted in
relation to such offence, against the
offender in relation to whom the offence is
so compounded.
(4) Where the composition of any offence
is made after the institution of any
prosecution, such composition shall be
brought in writing, to the notice of the
Court in which the prosecution is pending
and on the approval of the composition of
the offence being given, the person against
whom the offence is so compounded, shall
be discharged.”.
20. Insertion of new sections 17A and
17B.— After section 17, the following sections
shall be inserted, namely:—
“17A. District Magistrate to implement
the
provisions.—
The
appropriate
Government may confer such powers and
impose such duties on a District Magistrate
as may be necessary, to ensure that the
provisions of this Act are properly carried
out and the District Magistrate may
specify the officer, subordinate to him,
who shall exercise all or any of the powers,
and perform all or any of the duties, so
conferred or imposed and the local limits
within which such powers or duties shall
be carried out by the officer as may be
prescribed.
2 of 1974.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 45
9TH FEBRUARY, 2017
1904
17B. Inspection and monitoring.— The
appropriate Government shall make or
cause to be made periodic inspection of
the places at which the employment of
children is prohibited and hazardous
occupations or processes are carried out
at such intervals as it thinks fit, and monitor
the issues, relating to the provisions of
this Act.”.
21. Amendment of section 18.— In section
18 of the principal Act, in sub-section (2),—
(i) clause (a) shall be relettered as clause
(b) thereof and before clause (b), as so
relettered, the following clause shall be
inserted, namely:—
(a) the conditions and the safety
measures under clause (b) of sub-section
(2) and other activities under clause (b)
to Explanation of sub-section (2) of
section 3;
(ii) in clause (b), as so relettered, for the
words “Child Labour Technical Advisory
Committee”, the words “Technical
Advisory Committee” shall be substituted.
(iii) clauses (b), (c) and (d) shall be
relettered as clauses (c), (d) and (e) thereof
and in clause (c) as so relettered, for the
word “child”, the word “adolescent” shall
be substituted;
(iv) after clause (e), as so relettered, the
following clauses shall be inserted,
namely:—
“(f) the manner of payment of amount
to the child or adolescent under sub-
-section (4) of section 14B;
(g) the manner of composition of the
offence and payment of amount to the
appropriate Government under sub-
-section (1) of section section 14D;
(h) the powers to be exercised and
the duties to be performed by the officer
specified and the local limits within
which such powers or duties shall be
carried out under section 17A.”.
22. Substitution of new Schedule for the
Schedule.— In the principal Act, for the
Schedule, the following Schedule shall be
substituted, namely:—
‘THE SCHEDULE
(See section 3A)
(1) Mines;
(2) Inflammable substances or explosives.
(3) Hazardous process.
Explanation.— For the purposes of
this Schedule, “hazardous process”
has the meaning assigned to it in
clause (cb) of the Factories Act, 1948.’.
—————
Notification
10/4/2016-LA
The Appropriation (No. 3) Act, 2016 (Central
Act No. 46 of 2016), which has been passed by
Parliament and assented to by the President
on 28-08-2016 and published in the Gazette
of India, Extraordinary, Part II, Section 1,
dated 29-08-2016, is hereby published for the
general information of the public.
Julio Barbosa Noronha, Under Secretary
(Law).
Porvorim, 4th November, 2016.
—————
THE APPROPRIATION (No. 3) ACT, 2016
AN
ACT
to authorise payment and appropriation of
certain further sums from and out of the
Consolidated Fund of India for the services
of the financial year 2016-17.
Be it enacted by Parliament in the Sixty-
-seventh Year of the Republic of India as
follows:—
1. Short title.— This Act may be called the
Appropriation (No. 3) Act, 2016.
2. Issue of Rs. 103013,74,00,000 out of the
Consolidated Fund of India for the financial
year 2016-17.— From and out of the
63 of 1948.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 45
9TH FEBRUARY, 2017
1905
Consolidated Fund of India there may be paid
and applied sums not exceeding those
specified in column 3 of the Schedule
amounting in the aggregate to the sum of
one lakh three thousand thirteen crore and
seventy-four lakh rupees towards defraying
the several charges which will come in the
course of payment during the financial year
Services and purposes
2
Rs.
Fund
3
Rs.
THE SCHEDULE
(See sections 2 and 3)
Sums not exceeding
Charged on the
Consolidated
Voted
by Parliament
Total
Rs.
2016-17 in respect of the services specified
in column 2 of the Schedule.
3. Appropriation.— The sums authorised
to be paid and applied from and out of the
Consolidated Fund of India by this Act shall
be appropriated for the services and purposes
expressed in the Schedule in relation to the
said year.
1 Department of Agriculture,
Co-operation and Farmers Welfare ...... Revenue
1400,02,00,000
....
1400,02,00,000
2 Department of Agricultural Research
and Education ............................................ Revenue
1,00,000
....
1,00,000
3 Departmemt of Animal Husbandry,
Dairying and Fisheries ............................ Revenue
100,02,00,000
....
100,02,00,000
Capital
1,00,000
....
1,00,000
5 Ministry of Ayurveda, Yoga and Natu-
ropathy, Unani, Siddha and Homoeo-
pathy (AYUSH) ........................................... Revenue
1,00,000
....
1,00,000
6 Department of Chemicals and Petro-
chemicals ..................................................... Revenue
1,00,000
....
1,00,000
7 Department of Fertilizers ........................ Revenue
1,00,000
....
1,00,000
9 Ministry of Civil Aviation ........................ Revenue
1,00,000
....
1,00,000
11 Department of Commerce ....................... Revenue
....
2,72,00,000
2,72,00,000
12 Department of Industrial Policy and
Promotion ..................................................... Revenue
11,15,00,000
....
11,15,00,000
13 Department of Posts .................................. Capital
150,00,00,000
....
150,00,00,000
14 Department of Telecommunications... Revenue
2000,00,00,000
....
2000,00,00,000
Capital
500,00,00,000
....
500,00,00,000
15 Department of Electronics and Infor-
mation Technology .................................... Revenue
180,00,00,000
....
180,00,00,000
Capital
110,00,00,000
....
110,00,00,000
16 Department of Consumer Affairs .......... Revenue
580,02,00,000
....
580,02,00,000
17 Department of Food and Public
Distribution .................................................. Revenue
27,57,00,000
....
27,57,00,000
Capital
40550,00,00,000
....
40550,00,00,000
18 Ministry of Corporate Affairs ................. Revenue
55,85,00,000
....
55,85,00,000
19 Ministry of Culture .................................... Revenue
2,00,000
....
2,00,000
Capital
1,00,000
....
1,00,000
20 Ministry of Defence (Misc.) .................... Revenue
1,00,000
....
1,00,000
28 Ministry of External Affairs .................... Revenue
600,00,00,000
....
600,00,00,000
No.
of
Vote
1
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 45
9TH FEBRUARY, 2017
1906
1
2
3
29 Department of Economic Affairs .......... Revenue
60,02,00,000
....
60,02,00,000
Capital
1672,18,00,000
....
1672,18,00,000
32 Transfers to States ................................... Revenue
4000,00,00,000
....
4000,00,00,000
Capital
....
3000,00,00,000
3000,00,00,000
34 Department of Expenditure ................... Revenue
50,00,00,000
....
50,00,00,000
37 Department of Revenue ........................... Revenue
38,00,00,000
....
38,00,00,000
38 Direct Taxes ................................................. Revenue
100,00,00,000
....
100,00,00,000
42 Department of Health and Family
Welfare .......................................................... Revenue
400,06,00,000
....
400,06,00,000
Capital
2,00,000
....
2,00,000
44 Department of Heavy Industry ............. Revenue
467,07,00,000
....
467,07,00,000
48 Police .............................................................. Revenue
25,01,00,000
....
25,01,00,000
50 Ministry of Housing and Urban
Poverty Alleviation ................................... Revenue
1,00,000
....
1,00,000
51 Department of School Education
and Literacy ................................................ Revenue
4,00,000
....
4,00,000
52 Department of Higher Education ........ Revenue
100,02,00,000
....
100,02,00,000
54 Ministry of Labour and Employment .. Revenue
1,00,000
....
1,00,000
Capital
1,10,00,000
....
1,10,00,000
58 Ministry of Micro, Small and Medium
Enterprises .................................................. Revenue
2,00,000
....
2,00,000
60 Ministry of Minority Affairs ................... Revenue
1,00,000
....
1,00,000
61 Ministry of New and Renewable
Energy ........................................................... Revenue
1,00,000
....
1,00,000
64 Ministry of Personnel, Public
Grievances and Pensions ....................... Revenue
1,00,000
....
1,00,000
66 Ministry of Petroleum and Natural
Gas .................................................................. Capital
1000,00,00,000
....
1000,00,00,000
68 Ministry of Power ...................................... Revenue
1,00,000
....
1,00,000
74 Ministry of Road Transport and
Highways ..................................................... Revenue
1,00,000
....
1,00,000
Capital
31972,68,00,000
....
31972,68,00,000
75 Department of Rural Development ..... Revenue
10000,00,00,000
....
10000,00,00,000
Capital
1,00,00,000
....
1,00,00,000
76 Department of Land Resources ........... Revenue
1,00,000
....
1,00,000
77 Department of Science and
Technology .................................................. Revenue
1,00,000
....
1,00,000
81 Ministry of Skill Development and
Entrepreneurship ...................................... Revenue
2,00,000
....
2,00,000
82 Department of Social Justice and
Empowerment ............................................ Revenue
2,00,000
....
2,00,000
84 Department of Space ................................ Capital
300,00,00,000
....
300,00,00,000
85 Ministry of Statistics and Programme
Implementation ......................................... Revenue
1,00,000
....
1,00,000
87 Ministry of Textiles ................................... Revenue
550,01,00,000
....
550,01,00,000
Capital
98,10,00,000
....
98,10,00,000
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES I No. 45
9TH FEBRUARY, 2017
1907
1
2
3
89 Ministry of Tribal Affairs ........................ Revenue
2,00,000
1,00,000
3,00,000
93 Daman and Diu .......................................... Revenue
1,00,000
....
1,00,000
Capital
3,00,000
....
3,00,000
94 Lakshadweep ............................................. Capital
2,00,000
17,00,00,000
17,02,00,000
95 Ministry of Urban Development .......... Revenue
314,04,00,000
....
314,04,00,000
Capital
2120,00,00,000
....
2120,00,00,000
96 Ministry of Water Resources, River
Development and Ganga
Rejuvenation ............................................... Revenue
18,00,00,000
1,80,00,000
19,80,00,000
Capital
25,00,00,000
....
25,00,00,000
97 Ministry of Women and Child
Development ............................................... Revenue
200,03,00,000
....
200,03,00,000
98 Ministry of Youth Affairs and Sports... Revenue
214,85,00,000
....
214,85,00,000
TOTAL:
99992,21,00,000 3021,53,00,000 103013,74,00,000
Notification
10/4/2016-LA
The Institutes of Technology (Amendment)
Act, 2016 (Central Act No. 41 of 2016),
which has been passed by Parliament and
assented to by the President on 09-08-2016
and published in the Gazette of India,
Extraordinary, Part II, Section 1, dated
10-8-2016, is hereby published for the general
information of the public.
Julio Barbosa Noronha, Under Secretary
(Law).
Porvorim, 4th November, 2016.
________
THE INSTITUTES OF TECHNOLOGY
(AMENDMENT) ACT, 2016
AN
ACT
further to amend the Institutes of Technology
Act, 1961.
Be it enacted by Parliament in the Sixty-
-seventh Year of the Republic of India as
follows:—
1. Short title and commencement.— (1)
This Act may be called the Institutes of
Technology (Amendment) Act, 2016.
(2) It shall come into force on such date as
the Central Government may, by notification
in the Official Gazette, appoint.
2. Amendment of section 2.— In
the Institutes of Technology Act, 1961
(hereinafter referred to as the
principal Act), in section 2, for the
words and brackets “and the Indian
Institute of Technology (Banaras
Hindu University), Varanasi”, the
words and Brackets “the Indian
Institute of Technology (Banaras
Hindu University), Varanasi, the
Indian Institute of Technology,
Tirupati, the Indian Institute of
Technology, Palakhad, the Indian
Institute of Technology, Goa, the
Indian Institute of Technology,
Dharwad, the Indian Institute of
Technology, Bhilai, the Indian
Institute of Technology, Jammu and
the Indian Institute of Technology
(Indian School of Mines), Dhanbad”
shall be substituted.
—————
59 of 1961.
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3. Amendment of section 3.— In section 3
of the principal Act,—
(A) in clause (c), after sub-clause (xiii),
the following sub-clauses shall be inserted,
namely:—
“(xiv) in relation to the society known
as the Indian Institute of Technology,
Tirupati, the Indian Institute of
Technology, Tirupati;
(xv) in relation to the society known
as the Indian Institute of Technology,
Palakkad, the Indian Institute of
Technology, Palakkad;
(xvi) in relation to the society known
as the Indian Institute of Technology,
Goa, the Indian Institute of Technology,
Goa;
(xvii) in relation to the society known
as the Indian Institute of Technology,
Dharwar, the Indian Institute of
Technology, Dharwad;
(xviii) in relation to the society known
as the Indian Institute of Technology,
Bhilai, the Indian Institute of Technology,
Bhilai;
(xix) in relation to the society known
as the Indian Institute of Technology,
Jammu,
the
Indian
Institute
of
Technology, Jammu;
(xx) in relation to the society known
as the Indian School of Mines, Dhanbad,
the Indian Institute of Technology (Indian
School of Mines), Dhanbad.”;
(B) after clause (ga), the following clause
shall be inserted, namely:—
‘(gb) “Indian School of Mines,
Dhanbad” means the society known as
the Indian School of Mines, Dhanbad;’;
(C) in clause (j), after sub-clause (xi), the
following sub-clauses shall be inserted,
namely:—
“(xii)
the
Indian
Institute
of
Technology, Tirupati;
(xiii)
the
Indian
Institute
of
Technology, Palakkad;
(xiv)
the
Indian
Institute
of
Technology, Goa;
(xv) the Indian Institute of Technology,
Dharwad;
(xvi)
the
Indian
Institute
of
Technology, Bhilai;
(xvii)
the
Indian
Institute
of
Technology, Jammu;
(xviii) the Indian School of Mines,
Dhanbad;”.
4. Amendment of section 4.— In section 4
of the principal Act, after sub-section (1D),
the following sub-section shall be inserted,
namely:—
“(1E) The Indian School of Mines,
Dhanbad shall, on such incorporation, be
called the Indian Institute of Technology
(Indian School of Mines), Dhanbad.”.
5. Amendment of section 5.— In section 5
of the principal Act, after Explanation 2, the
following Explanation shall be inserted,
namely:—
“Explanation 3.— The reference in this
section to the commencement of this Act
shall be construed in relation to the Indian
Institute of Technology, Tirupati, the Indian
Institute of Technology, Palakkad, the
Indian Institute of Technology, Goa, the
Indian Institute of Technology, Dharwad,
the Indian Institute of Technology, Bhilai,
the Indian Institute of Technology, Jammu,
and the Indian Institute of Technology
(Indian School of Mines) Dhanbad, as the
reference to the date on which the
provisions of the Institutes of Technology
(Amendment) Act, 2016 comes into
force.”.
6. Amendment of section 38.—In section
38 of the principal Act,—
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(i) after clause (o), the following clauses
shall be inserted, namely:—
“(p) until the first Statutes and
Ordinances in relation to the Indian
Institute of Technology, Tirupati, the
Indian Institute of Technology, Palakkad,
the Indian Institute of Technology, Goa,
the Indian Institute of Technology,
Dharward, the Indian Institute of
Technology, Bhilai, the Indian Institute
of Technology, Jammu, are made under
this Act, the Statutes and Ordinances of
such Institutes, as in force immediately
before the commencement of the
Institutes of Technology (Amendment)
Act, 2016, shall apply to those Institutes
with necessary modifications and
adaptations in so far as they are not
inconsistent with the provisions of this
Act;
(q) the Executive Board, referred to in
Rule 7 of the Rules and Regulations of
the Indian School of Mines, Dhanbad,
functioning as such immediately before
the commencement of the Institutes of
Technology (Amendment) Act, 2016,
shall continue to so function until a new
Board is constituted for the Indian
Institute of Technology (Indian School of
Mines), Dhanbad, under this Act, but on
the constitution of a new Board under
this Act, the Executive Board of the
Indian School of Mines, Dhanbad shall
cease to function so far as the Indian
Institute of Technology (Indian School of
Mines), Dhanbad is concerned;
(r) the Academic Council, referred to
in Rule 9 of the Rules and Regulations of
the Indian School of Mines, Dhanbad,
functioning as such immediately before
the commencement of the Institutes of
Technology (Amendment) Act, 2016
shall continue to so function until a new
Senate is constituted for the Indian
Institute of Technology (Indian School of
Mines), Dhanbad under this Act, but on
the constitution of a new Senate under
this Act, the Academic Council of the
Indian School of Mines, Dhanbad shall
cease to function so far as the Indian
Institute of Technology (Indian School of
Mines), Dhanbad;
(s) until the first Statutes and the
Ordinances in relation to the Indian
Institute of Technology (Indian School of
Mines), Dhanbad are made under this
Act, the Statutes and Ordinances as are
applicable to the Indian Institute of
Technology, Roorkee immediately before
the commencement of the Institutes of
Technology (Amendment) Act, 2016,
shall apply to the Indian Institute of
Technology (Indian School of Mines),
Dhanbad, with the necessary modifica-
tions and adaptations in so far as they
are not inconsistent with the provisions
of this Act;
(t)
notwithstanding
anything
contained in the Institutes of Technology
(Amendment) Act, 2016, any student
who joined classes of the Indian School
of Mines, Dhanbad on or after the
commencement of 2015-2016 academic
session or completed the courses on or
after 2015-2016 academic session shall
for the purpose of clause (b) of sub-
-section (1) of section 6, be deemed to
have pursued a course of study in the
Indian Institute of Technology (Indian
School of Mines), Dhanbad provided that
such student has not already been
awarded degree or diploma for the same
course of study;
(u) if any difficulty arises in giving
effect to the provisions of the Institutes
of Technology (Amendment) Act, 2016,
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 be necessary for removing the
difficulty:
Provided that no order shall be made
under this clause after the expiry of two
years from the commencement of the
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Institutes of Technology (Amendment)
Act, 2016:
Provided further that every order made
under this clause shall be laid, as soon
as may be after it is made, before each
House of Parliament.”;
(b) after Explanation 3, the following
Explanation shall be inserted, namely:—
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“Explanation 4.— The reference in
clauses (q), (r) and (s) of this section to
the commencement of this Act shall be
construed in relation to the Indian
Institute of Technology (Indian School of
Mines), Dhanbad, as the reference to the
date on which the provisions of the
Institutes of Technology (Amendment)
Act, 2016 come into force.”.