The Institutes of Technology Act, 1961
Administered Ministry: Ministry of Education / Department of Higher Education
Section
Section 19 Registrar.
(1) The Registrar of each Institute shall be appointed on such terms and conditions as may be laid down by the Statutes and shall be the custodian of records, the common seal, the funds of the Institute and such other property of the Institute as the Board shall commit to his charge.
(2) The Registrar shall act as the Secretary of the Board, the Senate, and such committees as may be prescribed by the Statutes.
(3) The Registrar shall be responsible to the Director for the proper discharge of his functions.
(4) The Registrar shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or by the Director.
(2) The Registrar shall act as the Secretary of the Board, the Senate, and such committees as may be prescribed by the Statutes.
(3) The Registrar shall be responsible to the Director for the proper discharge of his functions.
(4) The Registrar shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or by the Director.
Section 20 Other authorities and officers.
The powers and duties of authorities and officers other than those hereinbefore mentioned shall be determined by the Statutes.
Section 21 Grants by Central Government.
For the purpose of enabling the Institutes to discharge their functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to each Institute in each financial year such sums of money and in such manner as it may think fit.
Section 22 Fund of the Institute.
(1) Every Institute shall maintain a Fund to which shall be credited--
(a) all moneys provide by the Central Government;
(b) all fees and other charges received by the Institute;
(c) all moneys received by the Institute by way of 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 of any Institute shall be deposited in such Banks or invested in such manner as the Institute may, with the approval of the Central Government, decide.
(3) The Fund of any 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.
(a) all moneys provide by the Central Government;
(b) all fees and other charges received by the Institute;
(c) all moneys received by the Institute by way of 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 of any Institute shall be deposited in such Banks or invested in such manner as the Institute may, with the approval of the Central Government, decide.
(3) The Fund of any 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.
Section 23 Accounts and audit.
(1) Every 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 prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of every Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of any Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute.
(4) The accounts of every 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.
(2) The accounts of every Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of any Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute.
(4) The accounts of every 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.
Section 24 Pension and provident fund.
(1) Every Institute shall constitute for the benefit of its employees, including the Director, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident funds as it may deem fit.
(2) Where any such provident fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund as if it were a Government Provident Fund.
(2) Where any such provident fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund as if it were a Government Provident Fund.
Section 25 Appointments.
All appointments on the staff of any Institute, except that of the Director, shall be made in accordance with the procedure laid down in the Statutes, by--
(a) the Board, if the appointment is made on the academic staff in the post of Lecturer or above or if the appointment is made on the non-academic staff in any cadre the maximum of the pay-scale for which exceeds six hundred rupees per month;
(b) by the Director, in any other case.
(a) the Board, if the appointment is made on the academic staff in the post of Lecturer or above or if the appointment is made on the non-academic staff in any cadre the maximum of the pay-scale for which exceeds six hundred rupees per month;
(b) by the Director, in any other case.
Section 26 Statutes.
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:--
(a) the conferment of honorary degrees;
(b) the formation of departments of teaching;
(c) the fees to be charged for courses of study in the Institute and for admission to the examinations of degree and diplomas of the Institute;
(d) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(e) the term of office and the method of appointment of officers of the Institute;
(f) the qualifications of teachers of the Institute;
(g) the classification, the method of appointment and the determination of the terms and conditions of service of, teachers and other staff of the Institute;
(h) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute;
(i) the constitution, powers and duties of the authorities of the Institute;
(j) the establishment and maintenance of halls and hostels;
(k) 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;
(l) the manner of filling vacancies among members of the Board;
(m) the allowances to be paid to the Chairman and members of the Board;
(n) the authentication of the orders and decisions of the Board;
(o) 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;
(p) any other matter which by this Act is to be or may be prescribed by the Statutes.
(a) the conferment of honorary degrees;
(b) the formation of departments of teaching;
(c) the fees to be charged for courses of study in the Institute and for admission to the examinations of degree and diplomas of the Institute;
(d) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(e) the term of office and the method of appointment of officers of the Institute;
(f) the qualifications of teachers of the Institute;
(g) the classification, the method of appointment and the determination of the terms and conditions of service of, teachers and other staff of the Institute;
(h) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute;
(i) the constitution, powers and duties of the authorities of the Institute;
(j) the establishment and maintenance of halls and hostels;
(k) 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;
(l) the manner of filling vacancies among members of the Board;
(m) the allowances to be paid to the Chairman and members of the Board;
(n) the authentication of the orders and decisions of the Board;
(o) 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;
(p) any other matter which by this Act is to be or may be prescribed by the Statutes.
Section 27 Statutes how made.
(1) The first Statutes of each Institute shall be framed by the Council with the previous approval of the Visitor and a copy of the same shall be laid as soon as may be before each House of Parliament.
(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter in this section provided.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may assent thereto or withhold assent or remit it to the Board or 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.
(2) The Board 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.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may assent thereto or withhold assent or remit it to the Board or 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.
Section 28 Ordinances.
Subject to the provisions of this Act and the Statutes, the Ordinances of each 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.
(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.
Section 29 Ordinances how made.
(1) Save as otherwise provided in this section, Ordinances shall be made by the Senate.
(2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board at its next succeeding 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.
(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 succeeding 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.
Section 30 Tribunal of Arbitration.
(1) 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.
(2) The decision of the Tribunal shall be final and shall not be questioned in any court.
(3) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Tribunal of Arbitration.
(4) The Tribunal of Arbitration shall have power to regulate its own procedure.
(5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.
(2) The decision of the Tribunal shall be final and shall not be questioned in any court.
(3) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Tribunal of Arbitration.
(4) The Tribunal of Arbitration shall have power to regulate its own procedure.
(5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.
Section 31 Establishment of Council.
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify in this behalf, there shall be established a central body to be called the Council.
(2) The Council shall consist of the following members, namely:--
(a) the Minister in charge of technical education in the Central Government, ex officio, as Chairman;
(b) the Chairman of each Institute, ex officio;
(c) the Director of each Institute, ex officio;
(d) the Chairman, University Grants Commission, ex officio;
(e) the Director-General, Council of Scientific and Industrial Research, ex officio;
(f) the Chairman of the Council of the Indian Institute of Science, Bangalore, ex officio;
(g) the Director of the Indian Institute of Science, Bangalore, ex officio;
(h) three persons to be nominated by the Central Government, one to represent the Ministry concerned with technical education, another to represent the Ministry of Finance and the third to represent any other Ministry;
(i) one person to be nominated by the All-India Council for Technical Education;
(j) not less than three, but not more than five, persons to be nominated by the Visitor, who shall be persons having special knowledge or practical experience in respect of education, industry, science or technology;
(k) three Members of Parliament, of whom two shall be elected by the House of the People from among its members and one by the Council of States from among its members.
(3) An officer of the Ministry of the Central Government concerned with technical education shall be nominated by that Government to act as the Secretary of the Council.
(2) The Council shall consist of the following members, namely:--
(a) the Minister in charge of technical education in the Central Government, ex officio, as Chairman;
(b) the Chairman of each Institute, ex officio;
(c) the Director of each Institute, ex officio;
(d) the Chairman, University Grants Commission, ex officio;
(e) the Director-General, Council of Scientific and Industrial Research, ex officio;
(f) the Chairman of the Council of the Indian Institute of Science, Bangalore, ex officio;
(g) the Director of the Indian Institute of Science, Bangalore, ex officio;
(h) three persons to be nominated by the Central Government, one to represent the Ministry concerned with technical education, another to represent the Ministry of Finance and the third to represent any other Ministry;
(i) one person to be nominated by the All-India Council for Technical Education;
(j) not less than three, but not more than five, persons to be nominated by the Visitor, who shall be persons having special knowledge or practical experience in respect of education, industry, science or technology;
(k) three Members of Parliament, of whom two shall be elected by the House of the People from among its members and one by the Council of States from among its members.
(3) An officer of the Ministry of the Central Government concerned with technical education shall be nominated by that Government to act as the Secretary of the Council.
Section 32 Term of office of, vacancies among, and allowances payable to, members of Council.
(1) Save as otherwise provided in this section, the term of office of a member of the Council shall be three years from the date of his nomination or election, as the case may be.
(2) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member.
(3) A member of the Council referred to in clause (h) of sub-section (2) of section 31 shall hold office during the pleasure of the Central Government.
(4) The term of office of a member elected under clause (k) of sub-section (2) of section 31 shall expire as soon as he ceases to be a member of the House which elected him.
(5) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated or elected.
(6) Notwithstanding anything contained in this section an outgoing member shall, unless the Central Government otherwise directs, continue in office until another person is nominated or elected as a member in his place.
(7) The members of the Council shall be paid such travelling and other allowances by the Central Government as may be determined by that Government, but no member shall be entitled to any salary by reason of this sub-section.
(2) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member.
(3) A member of the Council referred to in clause (h) of sub-section (2) of section 31 shall hold office during the pleasure of the Central Government.
(4) The term of office of a member elected under clause (k) of sub-section (2) of section 31 shall expire as soon as he ceases to be a member of the House which elected him.
(5) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated or elected.
(6) Notwithstanding anything contained in this section an outgoing member shall, unless the Central Government otherwise directs, continue in office until another person is nominated or elected as a member in his place.
(7) The members of the Council shall be paid such travelling and other allowances by the Central Government as may be determined by that Government, but no member shall be entitled to any salary by reason of this sub-section.
Section 33 Functions of Council.
(1) It shall be the general duty of the Council to co-ordinate the activities of all the Institutes.
(2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:--
(a) to advise on matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the Institutes, admission standards and other academic matters;
(b) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and freeships, levying of fees and other matters of common interest;
(c) to examine the development plans of each Institute and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans;
(d) to examine the annual budget estimates of each Institute and to recommend to the Central Government the allocation of funds for the purpose;
(e) to advise the Visitor, if so required, in respect of any function to be performed by him under this Act; and
(f) to perform such other functions as are assigned to it by or under this Act.
(2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:--
(a) to advise on matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the Institutes, admission standards and other academic matters;
(b) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and freeships, levying of fees and other matters of common interest;
(c) to examine the development plans of each Institute and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans;
(d) to examine the annual budget estimates of each Institute and to recommend to the Central Government the allocation of funds for the purpose;
(e) to advise the Visitor, if so required, in respect of any function to be performed by him under this Act; and
(f) to perform such other functions as are assigned to it by or under this Act.
Section 34 Chairman of Council.
(1) The Chairman of the Council shall ordinarily preside at the meetings of the Council.
(2) It shall be the duty of the Chairman of the Council to ensure that the decisions taken by the Council are implemented.
(3) The Chairman shall exercise such other powers and perform such other duties as are assigned to him by this Act.
(2) It shall be the duty of the Chairman of the Council to ensure that the decisions taken by the Council are implemented.
(3) The Chairman shall exercise such other powers and perform such other duties as are assigned to him by this Act.
Section 35 Power to make rules in respect of matters in this Chapter.
(1) The Central Government may 1[, by notification n the Official Gazette,] make rules to carry out the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner of filling vacancies among the members of the Council;
(b) the disqualifications for being chosen as, and for being a member of the Council;
(c) the circumstances in which, and the authority by which, members may be removed;
(d) the meetings of the Council and the procedure of conducting business thereat;
(e) the travelling and other allowances payable to members of the Council; and
(f) the functions of the Council and the manner in which such functions may be exercised.
1[(3) Every rule made by the Central Government under this Chapter 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 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.]
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner of filling vacancies among the members of the Council;
(b) the disqualifications for being chosen as, and for being a member of the Council;
(c) the circumstances in which, and the authority by which, members may be removed;
(d) the meetings of the Council and the procedure of conducting business thereat;
(e) the travelling and other allowances payable to members of the Council; and
(f) the functions of the Council and the manner in which such functions may be exercised.
1[(3) Every rule made by the Central Government under this Chapter 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 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.]
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
Section 36 Acts and proceedings not to be invalidated by vacancies.
No act of the Council, 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 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.
(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.
Section 37 Power to remove difficulties.
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 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.
Section 38 Transitional provisions.
Notwithstanding anything contained in this Act,--
(a) the Board of Governors of an Institute functioning as such immediately before the commencement of this Act shall continue to so 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 constitution shall cease to hold office;
(b) 1[the Staff Committee constituted in relation to the College of Engineering and Technology, Delhi and any Academic Council constituted in relation to any other 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;
(c) until the first Statutes and the Ordinances are made under this Act, the Statutes and Ordinances of the Indian Institute of Technology, kharagpur as in force immediately before the commencement of this Act shall continue to apply to that Institute and shall, with the necessary modifications and adaptations, also apply to any other Institute, in so far as they are not inconsistent with the provisions of this Act;
2[(d) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology, Guwahati are made under this Act, the Statutes and Ordinances of the Indian Institute of Technology, Kharagpur as in force immediately before the commencement of the Institutes of Technology (Amendment) Act, 1994 (35 of 1994) shall apply to the Indian Institute of Technology, Guwahati with the necessary modification and adaptations in so far as they are not inconsistent with the provisions of this Act.
3[(e) the Syndicate of the University of Roorkee functioning as such immediately before the commencement of this Act shall continue to so function until a new Board is constituted for the Indian Institute of Technology, Roorkee under this Act, but on the constitution of a new Board under this Act, the members of the Syndicate holding office before such constitution shall cease to hold office;
(f) the Academic Council of the University of Roorkee functioning as such immediately before the commencement of this Act shall continue to so function until a new Senate is constituted for the Indian Institute of Technology, Roorkee under this Act, but on the constitution of a new Senate under this Act, the members of the Academic Council holding office before such constitution shall cease to hold office;
(g) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology, Roorkee are made under this Act, the Statutes and Ordinances of the Indian Institute of Technology, Bombay as in force immediately before the commencement of the Institutes of Technology (Amendment) Act, 2002 shall apply to the Indian Institute of Technology, Roorkee with the necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this Act;
(h) notwithstanding anything contained in the Institutes of Technology (Amendment) Act, 2002 (16 of 2002), any student who joined classes of the University of Roorkee on or after the commencement of 1994-95 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, Roorkee provided that such student has not already been awarded degree or diploma for the same course of study;
(i) if any difficulty arises in giving effect to the provisions of the Institutes of Technology (Amendment) Act, 2002 (16 of 2002), 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 Institutes of Technology (Amendment) Act, 2002 (16 of 2002):
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.]
4[(j) until the first Statutes and Ordinances in relation to the Indian Institute of Technology, Bhubaneswar, the Indian Institute of Technology, Gandhinagar, the Indian Institute of Technology, Hyderabad, the Indian Institute of Technology, Indore, the Indian Institute of Technology, Jodhpur, the Indian Institute of Technology, Mandi, the Indian Institute of Technology, Patna and the Indian Institute of Technology, Ropar are made under this Act, the Statutes and Ordinances of such Institute, as in force immediately before the commencement of the Institutes of Technology (Amendment) Act, 2012 (34 of 2012), shall apply to those Institutes with necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this Act;
(k) the Executive Council, referred to in clause (d) of section 2 of the Banaras Hindu University Act, 1915 (16 of 1915), functioning as such immediately before the commencement of the Institutes of Technology (Amendment) Act, 2012 (34 of 2012), shall continue to so function until a new Board is constituted for the Indian Institute of Technology (Banaras Hindu University), Varanasi under this Act, but on the constitution of a new Board under this Act, the Executive Council of the Banaras Hindu University shall cease to function so far as the Indian Institute of Technology (Banaras Hindu University), Varanasi is concerned;
(l) the Academic Council, referred to in clause (a) of section 2 of the Banaras Hindu University Act, 1915 (16 of 1915), functioning as such immediately before the commencement of the Institutes of Technology (Amendment) Act, 2012 (34 of 2012) shall continue to so function until a new Senate is constituted for the Indian Institute of Technology (Banaras Hindu University), Varanasi under this Act, but on the constitution of a new Senate under this Act, the Academic Council of the Banaras Hindu University shall cease to function so far as the Indian Institute of Technology (Banaras Hindu University), Varanasi;
(m) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology (Banaras Hindu University), Varanasi are made under this Act, the Statutes and Ordinances as are applicable to the Indian Institute of Technology, Kanpur immediately before the commencement of the Institutes of Technology (Amendment) Act, 2012, shall apply to the Indian Institute of Technology (Banaras Hindu University), Varanasi with the necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this Act;
(n) notwithstanding anything contained in the Institutes of Technology (Amendment) Act, 2012 (34 of 2012), any student who joined classes of the Institute of Technology, Banaras Hindu University on or after the commencement of 2006-2007 academic session or completed the courses on or after 2009-2010 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 (Banaras Hindu University), Varanasi provided that such student has not already been awarded degree or diploma for the same course of study;
(o) if any difficulty arises in giving effect to the provisions of the Institutes of Technology (Amendment) Act, 2012 (34 of 2012), 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 Institutes of Technology (Amendment) Act, 2012:
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.]
5[(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 (41 of 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 (41 of 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 (41 of 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 (41 of 2016), shall apply to the Indian Institute of Technology (Indian School of Mines), Dhanbad, with the necessary modifications 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 (41 of 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 Institutes of Technology (Amendment) Act, 2016 (41 of 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.]
6[Explanation. 1]--The reference in clause (a) of this section to the commencement of this Act shall be construted in relation to the Indian Institute of Technology, Guwahati as the reference to the date on which the provisions of the institutes of Technology (Amendment) Act, 1994 (35 of 1994) come into force.]
7[Explanation 2.--The reference in clauses (e) and (f) of this section to the commencement of this Act shall be construed in relation to the Indian Institute of Technology, Roorkee as the reference to the date on which the provisions of the Institutes of Technology (Amendment) Act, 2002 come into force.]
8[Explanation 3.--The reference in clauses (k), (l) and (m) of this section to the commencement of this Act shall be construed in relation to the Indian Institute of Technology (Banaras Hindu University), Varanasi, as the reference to the date on which the provisions of the Institutes of Technology (Amendment) Act, 2012 (34 of 2012) come into force.]
9[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.]
(a) the Board of Governors of an Institute functioning as such immediately before the commencement of this Act shall continue to so 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 constitution shall cease to hold office;
(b) 1[the Staff Committee constituted in relation to the College of Engineering and Technology, Delhi and any Academic Council constituted in relation to any other 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;
(c) until the first Statutes and the Ordinances are made under this Act, the Statutes and Ordinances of the Indian Institute of Technology, kharagpur as in force immediately before the commencement of this Act shall continue to apply to that Institute and shall, with the necessary modifications and adaptations, also apply to any other Institute, in so far as they are not inconsistent with the provisions of this Act;
2[(d) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology, Guwahati are made under this Act, the Statutes and Ordinances of the Indian Institute of Technology, Kharagpur as in force immediately before the commencement of the Institutes of Technology (Amendment) Act, 1994 (35 of 1994) shall apply to the Indian Institute of Technology, Guwahati with the necessary modification and adaptations in so far as they are not inconsistent with the provisions of this Act.
3[(e) the Syndicate of the University of Roorkee functioning as such immediately before the commencement of this Act shall continue to so function until a new Board is constituted for the Indian Institute of Technology, Roorkee under this Act, but on the constitution of a new Board under this Act, the members of the Syndicate holding office before such constitution shall cease to hold office;
(f) the Academic Council of the University of Roorkee functioning as such immediately before the commencement of this Act shall continue to so function until a new Senate is constituted for the Indian Institute of Technology, Roorkee under this Act, but on the constitution of a new Senate under this Act, the members of the Academic Council holding office before such constitution shall cease to hold office;
(g) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology, Roorkee are made under this Act, the Statutes and Ordinances of the Indian Institute of Technology, Bombay as in force immediately before the commencement of the Institutes of Technology (Amendment) Act, 2002 shall apply to the Indian Institute of Technology, Roorkee with the necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this Act;
(h) notwithstanding anything contained in the Institutes of Technology (Amendment) Act, 2002 (16 of 2002), any student who joined classes of the University of Roorkee on or after the commencement of 1994-95 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, Roorkee provided that such student has not already been awarded degree or diploma for the same course of study;
(i) if any difficulty arises in giving effect to the provisions of the Institutes of Technology (Amendment) Act, 2002 (16 of 2002), 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 Institutes of Technology (Amendment) Act, 2002 (16 of 2002):
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.]
4[(j) until the first Statutes and Ordinances in relation to the Indian Institute of Technology, Bhubaneswar, the Indian Institute of Technology, Gandhinagar, the Indian Institute of Technology, Hyderabad, the Indian Institute of Technology, Indore, the Indian Institute of Technology, Jodhpur, the Indian Institute of Technology, Mandi, the Indian Institute of Technology, Patna and the Indian Institute of Technology, Ropar are made under this Act, the Statutes and Ordinances of such Institute, as in force immediately before the commencement of the Institutes of Technology (Amendment) Act, 2012 (34 of 2012), shall apply to those Institutes with necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this Act;
(k) the Executive Council, referred to in clause (d) of section 2 of the Banaras Hindu University Act, 1915 (16 of 1915), functioning as such immediately before the commencement of the Institutes of Technology (Amendment) Act, 2012 (34 of 2012), shall continue to so function until a new Board is constituted for the Indian Institute of Technology (Banaras Hindu University), Varanasi under this Act, but on the constitution of a new Board under this Act, the Executive Council of the Banaras Hindu University shall cease to function so far as the Indian Institute of Technology (Banaras Hindu University), Varanasi is concerned;
(l) the Academic Council, referred to in clause (a) of section 2 of the Banaras Hindu University Act, 1915 (16 of 1915), functioning as such immediately before the commencement of the Institutes of Technology (Amendment) Act, 2012 (34 of 2012) shall continue to so function until a new Senate is constituted for the Indian Institute of Technology (Banaras Hindu University), Varanasi under this Act, but on the constitution of a new Senate under this Act, the Academic Council of the Banaras Hindu University shall cease to function so far as the Indian Institute of Technology (Banaras Hindu University), Varanasi;
(m) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology (Banaras Hindu University), Varanasi are made under this Act, the Statutes and Ordinances as are applicable to the Indian Institute of Technology, Kanpur immediately before the commencement of the Institutes of Technology (Amendment) Act, 2012, shall apply to the Indian Institute of Technology (Banaras Hindu University), Varanasi with the necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this Act;
(n) notwithstanding anything contained in the Institutes of Technology (Amendment) Act, 2012 (34 of 2012), any student who joined classes of the Institute of Technology, Banaras Hindu University on or after the commencement of 2006-2007 academic session or completed the courses on or after 2009-2010 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 (Banaras Hindu University), Varanasi provided that such student has not already been awarded degree or diploma for the same course of study;
(o) if any difficulty arises in giving effect to the provisions of the Institutes of Technology (Amendment) Act, 2012 (34 of 2012), 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 Institutes of Technology (Amendment) Act, 2012:
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.]
5[(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 (41 of 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 (41 of 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 (41 of 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 (41 of 2016), shall apply to the Indian Institute of Technology (Indian School of Mines), Dhanbad, with the necessary modifications 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 (41 of 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 Institutes of Technology (Amendment) Act, 2016 (41 of 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.]
6[Explanation. 1]--The reference in clause (a) of this section to the commencement of this Act shall be construted in relation to the Indian Institute of Technology, Guwahati as the reference to the date on which the provisions of the institutes of Technology (Amendment) Act, 1994 (35 of 1994) come into force.]
7[Explanation 2.--The reference in clauses (e) and (f) of this section to the commencement of this Act shall be construed in relation to the Indian Institute of Technology, Roorkee as the reference to the date on which the provisions of the Institutes of Technology (Amendment) Act, 2002 come into force.]
8[Explanation 3.--The reference in clauses (k), (l) and (m) of this section to the commencement of this Act shall be construed in relation to the Indian Institute of Technology (Banaras Hindu University), Varanasi, as the reference to the date on which the provisions of the Institutes of Technology (Amendment) Act, 2012 (34 of 2012) come into force.]
9[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.]
1. Subs. by Act 29 of 1963, s. 6, for "any Academic Council constituted in relation to any Institute" (w.e.f. 13-9-1963).
2. Added by Act 35 of 1994, s. 6 (w.e.f. 1-9-1994).
3. Ins. by s. 6, ibid. (w.e.f. 21-9-2001).
4. Ins. by Act 34 of 2012, s. 10 (w.e.f. 29-6-2012).
5. The words in brackets shall stand inserted (date to be notified) by Act 41 of 2016, s. 6.
6. Explanation numbered as Explanation 1 thereof by Act 16 of 2002, s. 6 (w.e.f. 21-9-2001).
7. Explanation 2 ins. by s. 6, ibid. (w.e.f. 21-9-2001).
8. Explanation 3 ins. by Act 34 of 2012, s. 10 (w.e.f. 29-6-2012).
9. The words in brackets shall stand inserted (date to be notified) by Act 41 of 2016, s. 6.
2. Added by Act 35 of 1994, s. 6 (w.e.f. 1-9-1994).
3. Ins. by s. 6, ibid. (w.e.f. 21-9-2001).
4. Ins. by Act 34 of 2012, s. 10 (w.e.f. 29-6-2012).
5. The words in brackets shall stand inserted (date to be notified) by Act 41 of 2016, s. 6.
6. Explanation numbered as Explanation 1 thereof by Act 16 of 2002, s. 6 (w.e.f. 21-9-2001).
7. Explanation 2 ins. by s. 6, ibid. (w.e.f. 21-9-2001).
8. Explanation 3 ins. by Act 34 of 2012, s. 10 (w.e.f. 29-6-2012).
9. The words in brackets shall stand inserted (date to be notified) by Act 41 of 2016, s. 6.