The Institutes of Technology Act, 1961

THE SCHEDULE

(See section 39)

Provisions of the Indian Institute of Technology (Kharagpur) Act, 1956, continued in force

2. Declaration of the Indian Institute of Technology (Kharagpur) as an institution of national

importance.—Whereas the objects of the institution known as the Indian Institute of Technology at

Kharagpur in the district of Midnapore in the State of West Bengal are such as to make the institution one

of national importance, it is hereby declared that the institution known as the Indian Institute of

Technology, Kharagpur, is an institution of national importance.

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

(b) “Board” means the Board of Governors of the Institute;

(c) “Chairman” means the Chairman of the Board;

(e) “Director” means the Director of the Institute;

(g) “Institute” means the Institute known as the Indian Institute of Technology, Kharagpur,

incorporated under this Act.

4. Incorporation.—(1) The first Chairman, the first Director and the first members of the Board who

shall be the persons appointed in this behalf by the Central Government, by notification in the Official

Gazette, and all persons, who may hereafter become or be appointed as officers or members of the Board,

so long as they continue to hold such office or membership, are hereby constituted a body corporate by

the name of the Indian Institute of Technology, Kharagpur.

(2) The Institute shall have perpetual succession and a common seal, and shall sue and be sued by the

said name.

5. Transfer of service of existing employees of the Indian Institute of Technology at

Kharagpur.—(1) Subject to the provisions of this Act, every person who is permanently employed in the

Indian Institute of Technology at Kharagpur immediately before the commencement of this Act shall, on

and from such commencement, become an employee of the Institute and shall hold his office or service

therein 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 on the date of commencement of this Act if this Act had not been passed.

(2) Notwithstanding anything contained in sub-section (1), the Institute may, with the prior approval

of the Visitor, alter the terms and conditions of any employee specified in sub-section (1), and if the

alteration 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.

(3) Every person employed in the Indian Institute of Technology at Kharagpur other than any such

person as is referred to in sub-section (1) shall, on and from the commencement of this Act become an

employee of the Institute upon such terms and conditions as may be provided for in the Statutes, and until

such provision is made, on the terms and conditions applicable to him immediately before such

commencement.