The National Institutes of Design Act, 2014
Administered Ministry: Ministry of Commerce and Industry / Department of Promotion of Industry and Internal Trade
Section
Section 1 Short title and commencement. 1 docs
(1) This Act may be called the National 1[Institutes] of Design Act, 2014.
(2) It shall come into force on such date 2 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
(2) It shall come into force on such date 2 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
1. Subs. by s. 3, ibid., for "Institute" (w.e.f. 13-1-2020).
2 16th September, 2014 vide notification No. S.O. 2393(E), dated 16th September, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
2 16th September, 2014 vide notification No. S.O. 2393(E), dated 16th September, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 2 Declaration of certain institutions as institutions of national importance.
1[Whereas the objects of the institutions 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].
1. Subs. by Act 38 of 2019, s. 4, for section 2 (w.e.f. 13-1-2020).
Section 3 Definitions.
In this Act, unless the context otherwise requires,--
(a) "Chairperson" means the Chairperson of the Governing Council nominated under clause (a) of section 11;
(b) "Dean", in relation to any Institute campus, means the Dean of such Institute campus;
(c) "design" means a rational, logical and sequential innovative process for the purpose of transferring culture to viable products and services and for providing a competitive edge to products and services, and includes industrial design, communication design, textile and apparel design, lifestyle design, experiential design, exhibition design, craft and traditional sector design;
1[(d) "Director", in relation to any Institute, means the Director of such Institute as appointed under section 18;]
2[(e) "Fund", in relation to any Institute, means the Fund of such Institute as maintained under section 23;]
3[(f) "Governing Council", in relation to any Institute, means the Governing Council of such Institute as constituted under section 11;]
4[(g) "Institute" means any of the institutions mentioned in column (4) of the Schedule;]
5[(h) "Institute campus" means the campus of an Institute as may be established by such Institute at any place within India or outside India;]
(i) "notification" means a notification published in the Official Gazette;
(j) "prescribed" means prescribed by rules made under this Act;
6[(k) "Registrar" in relation to any Institute, means the Registrar of such Institute as appointed under section 20];
7[(ka) "Schedule" means the Schedule annexed to this Act;]
8[(l) "Senate", in relation to any Institute, means the Senate of such Institute;]
9[(m) "Society" means any of the societies registered under the Societies Registration Act, 1860 (21 of 1860), and mentioned in column (3) of the Schedule;]
10[(n) "Statutes" and "Ordinances", in relation to any Institute, mean the Statutes and the Ordinances of such Institute made under this Act.]
(a) "Chairperson" means the Chairperson of the Governing Council nominated under clause (a) of section 11;
(b) "Dean", in relation to any Institute campus, means the Dean of such Institute campus;
(c) "design" means a rational, logical and sequential innovative process for the purpose of transferring culture to viable products and services and for providing a competitive edge to products and services, and includes industrial design, communication design, textile and apparel design, lifestyle design, experiential design, exhibition design, craft and traditional sector design;
1[(d) "Director", in relation to any Institute, means the Director of such Institute as appointed under section 18;]
2[(e) "Fund", in relation to any Institute, means the Fund of such Institute as maintained under section 23;]
3[(f) "Governing Council", in relation to any Institute, means the Governing Council of such Institute as constituted under section 11;]
4[(g) "Institute" means any of the institutions mentioned in column (4) of the Schedule;]
5[(h) "Institute campus" means the campus of an Institute as may be established by such Institute at any place within India or outside India;]
(i) "notification" means a notification published in the Official Gazette;
(j) "prescribed" means prescribed by rules made under this Act;
6[(k) "Registrar" in relation to any Institute, means the Registrar of such Institute as appointed under section 20];
7[(ka) "Schedule" means the Schedule annexed to this Act;]
8[(l) "Senate", in relation to any Institute, means the Senate of such Institute;]
9[(m) "Society" means any of the societies registered under the Societies Registration Act, 1860 (21 of 1860), and mentioned in column (3) of the Schedule;]
10[(n) "Statutes" and "Ordinances", in relation to any Institute, mean the Statutes and the Ordinances of such Institute made under this Act.]
1. Subs. by s. 5, ibid., for clause (d) (w.e.f. 13-1-2020).
2. Subs. by s. 5, ibid., for clause (e) (w.e.f. 13-1-2020).
3. Subs. by s. 5, ibid., for clause (f) (w.e.f. 13-1-2020).
4. Subs. by s. 5, ibid., for clause (g) (w.e.f. 13-1-2020).
5. Subs. by s. 5, ibid., for clause (h) (w.e.f. 13-1-2020).
6. Subs. by Act 38 of 2019, s. 5, for clause (k) (w.e.f. 13-1-2020).
7. Ins. by s. 5, ibid. (w.e.f. 13-1-2020).
8. Subs. by s. 5, ibid., for clause (l) (w.e.f. 13-1-2020).
9. Subs. by s. 5, ibid., for clause (m) (w.e.f. 13-1-2020).
10. Subs. by s. 5, ibid., for clause (n) (w.e.f. 13-1-2020).
2. Subs. by s. 5, ibid., for clause (e) (w.e.f. 13-1-2020).
3. Subs. by s. 5, ibid., for clause (f) (w.e.f. 13-1-2020).
4. Subs. by s. 5, ibid., for clause (g) (w.e.f. 13-1-2020).
5. Subs. by s. 5, ibid., for clause (h) (w.e.f. 13-1-2020).
6. Subs. by Act 38 of 2019, s. 5, for clause (k) (w.e.f. 13-1-2020).
7. Ins. by s. 5, ibid. (w.e.f. 13-1-2020).
8. Subs. by s. 5, ibid., for clause (l) (w.e.f. 13-1-2020).
9. Subs. by s. 5, ibid., for clause (m) (w.e.f. 13-1-2020).
10. Subs. by s. 5, ibid., for clause (n) (w.e.f. 13-1-2020).
Section 4 Incorporation of Institute.
1[(1) Each Institute shall be a body corporate by the same name as as mentioned in column (4) of the Schedule.
(2) Each 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, both movable and immovable, and to contract and shall, by the said name, sue or be sued.
(3) The body corporate constituting each Institute shall consist of a Chairperson, Director and other members of the Governing Council for the time being, of the Institute.
(4) Any Institute may establish an Institute campus at such place within India or outside India, as it may deem fit:
Provided that each campus of the National Institute of Design, Ahmedabad, established before the commencement of this Act, at Bengaluru in the State of Karnataka and at Gandhinagar in the State of Gujarat, shall be deemed to be the Institute campus thereof.
Explanation.--The reference in this sub-section to the commencement of this Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014.]
(2) Each 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, both movable and immovable, and to contract and shall, by the said name, sue or be sued.
(3) The body corporate constituting each Institute shall consist of a Chairperson, Director and other members of the Governing Council for the time being, of the Institute.
(4) Any Institute may establish an Institute campus at such place within India or outside India, as it may deem fit:
Provided that each campus of the National Institute of Design, Ahmedabad, established before the commencement of this Act, at Bengaluru in the State of Karnataka and at Gandhinagar in the State of Gujarat, shall be deemed to be the Institute campus thereof.
Explanation.--The reference in this sub-section to the commencement of this Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014.]
1. Subs. by s. 6, ibid., for section 4 (w.e.f. 13-1-2020).
Section 5 Effect of incorporation of the Institute.
On and from the date of commencement of this Act,--
1[(a) any reference to the Society mentioned in column (3) of the Schedule in any law or in any contract or other instrument shall be deemed as a reference to the corresponding Institute mentioned in column (4) thereof;];
(b) all property, movable and immovable of, or belonging to, the Society, shall vest in the Institute;
(c) all the rights and liabilities of the Society shall be transferred to, and be, the rights and liabilities of, the Institute;
(d) any reference to any campus of the Institute, established before the commencement of this Act, shall be deemed as a reference to that Institute campus;
(e) every person employed by the Society, immediately before such commencement, shall hold his office or service in the Institute including the Institute campuses, 2*** 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 enacted, 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 months remuneration in the case of other employee.
3[Explanation I.--The reference in this section to the commencement of this Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014.
Explanation II.--The reference in this section to the commencement of this Act shall, in relation to the National Institutes of Design in the States of Madhya Pradesh, Assam, Haryana and Andhra Pradesh, be construed as the reference to the date on which the provisions of the National Institute of Design (Amendment) Act, 2019 comes into force.]
1[(a) any reference to the Society mentioned in column (3) of the Schedule in any law or in any contract or other instrument shall be deemed as a reference to the corresponding Institute mentioned in column (4) thereof;];
(b) all property, movable and immovable of, or belonging to, the Society, shall vest in the Institute;
(c) all the rights and liabilities of the Society shall be transferred to, and be, the rights and liabilities of, the Institute;
(d) any reference to any campus of the Institute, established before the commencement of this Act, shall be deemed as a reference to that Institute campus;
(e) every person employed by the Society, immediately before such commencement, shall hold his office or service in the Institute including the Institute campuses, 2*** 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 enacted, 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 months remuneration in the case of other employee.
3[Explanation I.--The reference in this section to the commencement of this Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014.
Explanation II.--The reference in this section to the commencement of this Act shall, in relation to the National Institutes of Design in the States of Madhya Pradesh, Assam, Haryana and Andhra Pradesh, be construed as the reference to the date on which the provisions of the National Institute of Design (Amendment) Act, 2019 comes into force.]
1. Subs. by s. 7, ibid., for clause (a) (w.e.f. 13-1-2020).
2. The words "located at Bengaluru in the State of Karnataka and at Gandhinagar in the State of Gujarat" omitted by Act 38 of 2019, s. 7 (w.e.f. 13-1-2020).
3. Ins. by s. 7, ibid. (w.e.f. 13-1-2020).
2. The words "located at Bengaluru in the State of Karnataka and at Gandhinagar in the State of Gujarat" omitted by Act 38 of 2019, s. 7 (w.e.f. 13-1-2020).
3. Ins. by s. 7, ibid. (w.e.f. 13-1-2020).
Section 6 Powers of Institute.
(1) Subject to the provisions of this Act, the 1[each Institute shall] exercise the following powers and perform the following duties, namely:--
(a) to provide for instructions, research and training in the areas or disciplines relating to design and to nurture and promote quality and excellence thereof in such areas or disciplines;
(b) to develop courses leading to graduate and post-graduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to design;
(c) to hold examinations and grant degrees, and diplomas and other academic distinctions or titles in the areas or disciplines relating to design;
(d) to confer honorary degrees, awards or other distinctions in the areas or disciplines relating to design;
(e) to institute and award fellowships, scholarships, exhibitions, prizes and medals;
(f) to fix, demand and receive fees and other charges;
(g) to establish, maintain and manage halls and hostels for the residence of the students;
(h) to supervise and control the residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and corporate life;
(i) to institute academic and other posts and to make appointments thereto (except in the case of the Director);
(j) to frame Statutes and Ordinances and to alter, modify or rescind the same;
(k) 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 faculty members and scholars and generally in such manner as may be conducive to their common objective;
(l) to act as a nucleus for interaction between academia and industry by encouraging exchange of designers and other technical staff between the Institute and the industry and by undertaking sponsored and funded research as well as consultancy projects by the Institute;
(m) to establish, equip and maintain workshops or laboratories or studios with modern machinery and equipments in order to undertake scientific and technological research for creating good designs for the production of goods and services and to provide funds for such works and for payment to any person or persons engaged in service, training and research work whether in such workshop or laboratory or studio;
(n) to acquire any patent or licence relating to such invention, improvement or design or standardisation marks whether for general or specific purposes;
(o) to undertake consultancy in the areas or disciplines relating to design;
(p) to deal with any property belonging to, or vested in, the Institute, in such manner as the Institute may deem fit for advancing the objects of the Institute;
(q) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from testators, donors or transferors, as the case may be;
(r) to encourage and improve education of persons who are engaged or are likely to be engaged in the service, training or research activities by grant of loans, scholarships or other monetary assistance or otherwise;
(s) to prepare, print, publish, issue, acquire and circulate books, papers, periodicals, exhibits, films, slides, gadgets, circulars and other literary undertakings, dealing with or having a bearing upon the subject of industrial design and allied fields;
(t) to establish, form and maintain museums, libraries and collections of literature and films, slides, photographs, prototypes and other information relating to design and allied subjects;
(u) to nominate designers, engineers (mechanical or electrical or civil), architects, craftsmen, technicians or investigators to study in India or outside India in regard to the service, training and research in such fields as the Institute may think fit;
(v) to retain or employ skilled professional, technical advisers, consultants, workers or craftsmen in connection with the objects of the Institute;
(w) to encourage artisans, technicians and others with inventive skill to work out details and specifications of processes, appliances and gadgets by giving awards, financial or technical assistance;
(x) to construct buildings and alter, extend, improve, repair, enlarge or modify and to provide and equip the same with light, water, drainage, furniture, fittings and all other accessories;
(y) ) to borrow and raise moneys, with or without security or on the security of a mortgage, charge, or hypothecation or pledge of any of the movable or immovable properties belonging to the Institute or in any other manner;
(z) 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.
(2) Notwithstanding anything contained in sub-section (1), the Institute shall not dispose of in any manner any immovable property without the prior approval of the Visitor.
(a) to provide for instructions, research and training in the areas or disciplines relating to design and to nurture and promote quality and excellence thereof in such areas or disciplines;
(b) to develop courses leading to graduate and post-graduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to design;
(c) to hold examinations and grant degrees, and diplomas and other academic distinctions or titles in the areas or disciplines relating to design;
(d) to confer honorary degrees, awards or other distinctions in the areas or disciplines relating to design;
(e) to institute and award fellowships, scholarships, exhibitions, prizes and medals;
(f) to fix, demand and receive fees and other charges;
(g) to establish, maintain and manage halls and hostels for the residence of the students;
(h) to supervise and control the residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and corporate life;
(i) to institute academic and other posts and to make appointments thereto (except in the case of the Director);
(j) to frame Statutes and Ordinances and to alter, modify or rescind the same;
(k) 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 faculty members and scholars and generally in such manner as may be conducive to their common objective;
(l) to act as a nucleus for interaction between academia and industry by encouraging exchange of designers and other technical staff between the Institute and the industry and by undertaking sponsored and funded research as well as consultancy projects by the Institute;
(m) to establish, equip and maintain workshops or laboratories or studios with modern machinery and equipments in order to undertake scientific and technological research for creating good designs for the production of goods and services and to provide funds for such works and for payment to any person or persons engaged in service, training and research work whether in such workshop or laboratory or studio;
(n) to acquire any patent or licence relating to such invention, improvement or design or standardisation marks whether for general or specific purposes;
(o) to undertake consultancy in the areas or disciplines relating to design;
(p) to deal with any property belonging to, or vested in, the Institute, in such manner as the Institute may deem fit for advancing the objects of the Institute;
(q) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from testators, donors or transferors, as the case may be;
(r) to encourage and improve education of persons who are engaged or are likely to be engaged in the service, training or research activities by grant of loans, scholarships or other monetary assistance or otherwise;
(s) to prepare, print, publish, issue, acquire and circulate books, papers, periodicals, exhibits, films, slides, gadgets, circulars and other literary undertakings, dealing with or having a bearing upon the subject of industrial design and allied fields;
(t) to establish, form and maintain museums, libraries and collections of literature and films, slides, photographs, prototypes and other information relating to design and allied subjects;
(u) to nominate designers, engineers (mechanical or electrical or civil), architects, craftsmen, technicians or investigators to study in India or outside India in regard to the service, training and research in such fields as the Institute may think fit;
(v) to retain or employ skilled professional, technical advisers, consultants, workers or craftsmen in connection with the objects of the Institute;
(w) to encourage artisans, technicians and others with inventive skill to work out details and specifications of processes, appliances and gadgets by giving awards, financial or technical assistance;
(x) to construct buildings and alter, extend, improve, repair, enlarge or modify and to provide and equip the same with light, water, drainage, furniture, fittings and all other accessories;
(y) ) to borrow and raise moneys, with or without security or on the security of a mortgage, charge, or hypothecation or pledge of any of the movable or immovable properties belonging to the Institute or in any other manner;
(z) 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.
(2) Notwithstanding anything contained in sub-section (1), the Institute shall not dispose of in any manner any immovable property without the prior approval of the Visitor.
1. Subs. by s. 8, ibid., for "the Institute shall" (w.e.f. 13-1-2020).
Section 7 Institute be open to all races, creeds and classes.
(1) The 1[Every Institute] shall be open to persons of either 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 objects of the Institute.
(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 objects of the Institute.
1. Subs. by Act 38 of 2019, s. 9, for "The Institute" (w.e.f. 13-1-2020).
Section 8 Teaching at Institute.
All 1[teaching at each of the Institutes] and the Institute campuses shall be conducted by or in the name of the Institute in accordance with the Statutes and the Ordinances made in this behalf.
1. Subs. by Act 38 of 2019, s. 10, for "teaching at the Institute" (w.e.f. 13-1-2020).
Section 9 Visitor.
(1) The President of India shall be the Visitor of 1[each of the Institutes].
(2) The Visitor may appoint one or more persons to review the work and progress of the Institute or any Institute campus and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct.
(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 with in the report and the Institute shall be bound to comply with such directions.
(2) The Visitor may appoint one or more persons to review the work and progress of the Institute or any Institute campus and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct.
(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 with in the report and the Institute shall be bound to comply with such directions.
1. Subs. by s. 11, ibid., for "the Institute" (w.e.f. 13-1-2020).
Section 10 Authorities of Institute.
1[Each Institute shall have the following authorities] namely:--
(a) the Governing Council,
(b) a Senate, and
(c) such other authorities as may be declared by the Statutes to be the authorities of the Institute.
(a) the Governing Council,
(b) a Senate, and
(c) such other authorities as may be declared by the Statutes to be the authorities of the Institute.
1. Subs. by s. 12, ibid., for "The following shall be the authorities of the Institute" (w.e.f. 13-1-2020).
Section 11 Governing Council.
1[The Governing Council of every Institute shall consist of] the following members, namely:--
(a) a Chairperson, who shall be an eminent academician, scientist or technologist or professional or industrialist, to be nominated by the Visitor;
(b) the Director, ex officio;
(c) the Financial Adviser in the Ministry or Department of the Government of India dealing with the National Institute of Design, ex officio;
(d) the Joint Secretary, in the Ministry or Department in the Government of India dealing with the National Institute of Design, ex officio;
(e) one representative of the Ministry or Department of the Government of India not below the rank of Joint Secretary dealing with Higher Education, to be nominated by the Secretary of that Ministry or Department, ex officio;
(f) one representative of the Ministry or Department of the Government of India not below the rank of Joint Secretary dealing with Information Technology to be nominated by the Secretary of that Ministry or Department, ex officio;
(g) one representative from the State in which the Institute campus is located, to be nominated by that State Government;
(h) five professionals, one each from the fields of architecture, engineering, fine arts, mass media and technology, to be nominated by the Central Government;
(i) an outstanding Designer, to be nominated by the Visitor in consultation with the Central Government;
(j) a management expert, to be nominated by the Chairperson;
(k) a representative of the Micro, Small and Medium Enterprises, to be nominated by the Central Government;
(l) three persons to be nominated by the Senate from amongst persons recommended by companies, firms or individuals who have provided financial assistance or contribution to the Institute:
Provided that the threshold of financial assistance or contribution and other requirements to qualify for such nomination shall be such as may be provided for in the Statutes; and
(m) Dean of each Institute campus, ex officio.
(a) a Chairperson, who shall be an eminent academician, scientist or technologist or professional or industrialist, to be nominated by the Visitor;
(b) the Director, ex officio;
(c) the Financial Adviser in the Ministry or Department of the Government of India dealing with the National Institute of Design, ex officio;
(d) the Joint Secretary, in the Ministry or Department in the Government of India dealing with the National Institute of Design, ex officio;
(e) one representative of the Ministry or Department of the Government of India not below the rank of Joint Secretary dealing with Higher Education, to be nominated by the Secretary of that Ministry or Department, ex officio;
(f) one representative of the Ministry or Department of the Government of India not below the rank of Joint Secretary dealing with Information Technology to be nominated by the Secretary of that Ministry or Department, ex officio;
(g) one representative from the State in which the Institute campus is located, to be nominated by that State Government;
(h) five professionals, one each from the fields of architecture, engineering, fine arts, mass media and technology, to be nominated by the Central Government;
(i) an outstanding Designer, to be nominated by the Visitor in consultation with the Central Government;
(j) a management expert, to be nominated by the Chairperson;
(k) a representative of the Micro, Small and Medium Enterprises, to be nominated by the Central Government;
(l) three persons to be nominated by the Senate from amongst persons recommended by companies, firms or individuals who have provided financial assistance or contribution to the Institute:
Provided that the threshold of financial assistance or contribution and other requirements to qualify for such nomination shall be such as may be provided for in the Statutes; and
(m) Dean of each Institute campus, ex officio.
1. Subs. by s. 13, ibid., for "The Governing Council shall consist of" (w.e.f. 13-1-2020).
Section 12 Term of office of, vacancies among, and allowances payable to Chairperson and other members of Governing Council.
(1) The term of office of the Chairperson or any other member of the Governing Council (other than an ex officio member) shall be three years from the date of his nomination.
(2) Save as otherwise provided in this section, 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) The term of office of a member of the Governing Council nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated.
(4) Notwithstanding anything contained in this section, an outgoing member shall, unless the Governing Council otherwise directs, continue in office until another person is nominated as a member in his place.
(5) The members of the Governing Council shall be entitled to such allowances, if any, from the Institute as may be provided for in the Statutes but no member other than the persons referred to in clauses (b) and (m) of section 11 shall be entitled to any salary by reason of this sub-section.
(2) Save as otherwise provided in this section, 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) The term of office of a member of the Governing Council nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated.
(4) Notwithstanding anything contained in this section, an outgoing member shall, unless the Governing Council otherwise directs, continue in office until another person is nominated as a member in his place.
(5) The members of the Governing Council shall be entitled to such allowances, if any, from the Institute as may be provided for in the Statutes but no member other than the persons referred to in clauses (b) and (m) of section 11 shall be entitled to any salary by reason of this sub-section.
Section 13 Meeting of Governing Council.
The Governing Council shall meet at least four 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.
Section 14 Powers and functions of Governing Council.
(1) Subject to the provisions of this Act, the Governing Council shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall exercise all the powers of the Institute not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Senate.
(2) Without prejudice to the provisions of sub-section (1), the Governing Council shall––
(a) take decisions on questions of policy relating to the administration and working of the Institute;
(b) take decision on the establishment of new Institute campus at any place in India or outside India;
(c) institute courses of study at the Institute;
(d) institute academic and other posts and to make appointments thereto;
(e) make Statutes;
(f) consider and modify or cancel Ordinances;
(g) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the Institute including each of the Institute campuses for the next financial year, as it thinks fit and submit them to the Central Government together with a statement of its development plans; and
(h) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.
(3) The Governing Council shall have 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) The Governing Council shall have the power to enter into arrangements with the Central Government, State Governments and other public or private organisations or individuals in India or outside India for securing and accepting endowments, grants, donations or gifts to the Institute on mutually agreed terms and conditions:
Provided that the conditions of such grant, donation or gift, if any, shall not be inconsistent or in conflict with the nature or objects of the Institute and the provisions of this Act.
(5) The Governing Council shall have the power to take over and acquire by purchase, gift or otherwise from Government and other public bodies or private individuals willing to transfer movable and immovable properties, endowments or other funds together with any attendant obligations and engagements not inconsistent with the provisions of this Act.
(6) The Governing Council may by specific resolution to this effect delegate to the Chairperson such of its powers for the conduct of business, as it may deem necessary.
(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) take decision on the establishment of new Institute campus at any place in India or outside India;
(c) institute courses of study at the Institute;
(d) institute academic and other posts and to make appointments thereto;
(e) make Statutes;
(f) consider and modify or cancel Ordinances;
(g) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the Institute including each of the Institute campuses for the next financial year, as it thinks fit and submit them to the Central Government together with a statement of its development plans; and
(h) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.
(3) The Governing Council shall have 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) The Governing Council shall have the power to enter into arrangements with the Central Government, State Governments and other public or private organisations or individuals in India or outside India for securing and accepting endowments, grants, donations or gifts to the Institute on mutually agreed terms and conditions:
Provided that the conditions of such grant, donation or gift, if any, shall not be inconsistent or in conflict with the nature or objects of the Institute and the provisions of this Act.
(5) The Governing Council shall have the power to take over and acquire by purchase, gift or otherwise from Government and other public bodies or private individuals willing to transfer movable and immovable properties, endowments or other funds together with any attendant obligations and engagements not inconsistent with the provisions of this Act.
(6) The Governing Council may by specific resolution to this effect delegate to the Chairperson such of its powers for the conduct of business, as it may deem necessary.
Section 15 Senate.
1[The Senate of each Institute] shall consist of the following persons, namely:--
(a) the Director, ex officio, who shall be the Chairman of the Senate;
(b) Dean of each Institute campus, ex officio;
(c) Senior Professors of the Institute and of the Institute campuses;
(d) three persons, not being employees of the Institute, to be nominated by the Chairperson in consultation with the Director, from amongst educationists of repute, one each from the fields of science, engineering and humanities and at least one of them shall be a woman;
(e) one alumnus of the Institute to be nominated by the Chairperson in consultation with the Director; and
(f) such other members of the staff as may be laid down in the Statutes.
(a) the Director, ex officio, who shall be the Chairman of the Senate;
(b) Dean of each Institute campus, ex officio;
(c) Senior Professors of the Institute and of the Institute campuses;
(d) three persons, not being employees of the Institute, to be nominated by the Chairperson in consultation with the Director, from amongst educationists of repute, one each from the fields of science, engineering and humanities and at least one of them shall be a woman;
(e) one alumnus of the Institute to be nominated by the Chairperson in consultation with the Director; and
(f) such other members of the staff as may be laid down in the Statutes.
1. Subs. by Act 38 of 2019, s. 14, for "The Senate of the Institute" (w.e.f. 13-1-2020).
Section 16 Functions of Senate.
Subject to the provisions of this Act, the Statutes and the Ordinances, 1[the Senate an Institute] shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the Institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.
1. Subs. by s. 15, ibid., for "the Senate of the Institute" (w.e.f. 13-1-2020).
Section 17 Functions, powers and duties of Chairperson.
(1) The Chairperson shall ordinarily preside at the meetings of the Governing Council and at the convocations of the Institute.
(2) It shall be the duty of the Chairperson to ensure that the decisions taken by the Governing Council 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.
(2) It shall be the duty of the Chairperson to ensure that the decisions taken by the Governing Council 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.
Section 18 Director.
(1) The Director of 1[each of the Institutes] shall be appointed by the Central Government for a tenure of five years in such manner and on such terms and conditions of service as may be prescribed.
(2) The Director shall be appointed on the recommendations of the Selection Committee constituted by the Central Government.
(3) The Director shall be the principal executive officer of the Institute and shall be responsible for--
(a) proper administration of the Institute and for imparting of instructions and maintenance of discipline therein;
(b) co-ordination of activities of all the Institute campuses;
(c) examining the development plans of the Institute and each Institute campus and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; and
(d) examining the annual budget estimates of the Institute and each Institute campus and to recommend to the Central Government the allocation of funds for that purpose.
(4) The Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act, Statutes and Ordinances.
(5) The Director shall submit annual reports and accounts to the Governing Council.
(6) The Central Government shall have the power to remove the Director before expiry of his tenure, if it considers it appropriate to do so.
(2) The Director shall be appointed on the recommendations of the Selection Committee constituted by the Central Government.
(3) The Director shall be the principal executive officer of the Institute and shall be responsible for--
(a) proper administration of the Institute and for imparting of instructions and maintenance of discipline therein;
(b) co-ordination of activities of all the Institute campuses;
(c) examining the development plans of the Institute and each Institute campus and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; and
(d) examining the annual budget estimates of the Institute and each Institute campus and to recommend to the Central Government the allocation of funds for that purpose.
(4) The Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act, Statutes and Ordinances.
(5) The Director shall submit annual reports and accounts to the Governing Council.
(6) The Central Government shall have the power to remove the Director before expiry of his tenure, if it considers it appropriate to do so.
1. Subs. by s. 16, ibid., for "the Institute" (w.e.f. 13-1-2020).
Section 19 Dean.
(1) The Dean of each Institute campus shall be appointed on such terms and conditions as may be laid down by the Statutes and shall exercise such powers and perform such duties as may be assigned to him by this Act or the Statutes or by the Director.
(2) Without prejudice to the provisions of sub- section (1), the Dean of each Institute campus shall look after all academic, administrative, research and other activities of the Institute campus in consultation with the Director.
(2) Without prejudice to the provisions of sub- section (1), the Dean of each Institute campus shall look after all academic, administrative, research and other activities of the Institute campus in consultation with the Director.
Section 20 Registrar.
(1) The 1[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 Governing Council shall commit to his charge.
(2) The Registrar shall act as the Secretary of the Governing Council, 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 Governing Council, 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.
1. Subs. by Act 38 of 2019, s. 17, for "Registrar of the Institute" (w.e.f. 13-1-2020).