The National Institutes of Food Technology, Entrepreneurship and Management Act, 2021.

Administered Ministry: Ministry of Food Processing Industries / Department of Food Processing Industries

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Section
Section 1 Short title and commencement.
(1) This Act may be called the National Institutes of Food Technology, Entrepreneurship and Management Act, 2021.

(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.



1. 1st October, 2021, vide notification No. S.O. 4036(E), dated 30th September, 2021, see Gazette of India, Extraordinary, Part II, sec. 3 (ii).

Section 2 Declaration of certain Institutes as institutions of national importance.
Whereas the objects of the Institutes mentioned in the Schedule are such as to make them institutions of national importance, it is hereby declared that each such Institute is an institution of national importance.

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

(a) "Board" in relation to an Institute means the Board of Governors referred to in section 11;

(b) "Chairperson" means the Chairperson of the Board;

(c) "corresponding Institute" in relation to an Institute mentioned in column (2) of the Schedule, means an Institute as specified in column (3) of the said Schedule;

(d) "Council" means the Council established under section 28;

(e) "Director" means the Director of the Institute appointed under section 19;

(f) "existing Institute" means an Institute mentioned in column (2) of the Schedule;

(g) "Fund" means the Fund of the Institute to be maintained under section 33;

(h) "Institute" means the Institute mentioned in column (3) of the Schedule;

(i) "Member" means a Member of the Board and includes the Chairperson;

(j) "notification" means a notification published in the Official Gazette;

(k) "prescribed" means prescribed by rules made under this Act;

(l) "Registrar" means the Registrar of the Institute appointed under section 20;

(m) "Schedule" means the Schedule appended to this Act;

(n) "Senate" means the Senate of the Institute referred to in section 16;

(o) "Society" means the existing Institute registered as a Society under the Societies Registration Act, 1860 (21 of 1860); and

(p) "Statutes and Ordinances" in relation to any Institute means, the Statutes and Ordinances of that Institute made under this Act.



Section 4 Incorporation of Institutes.
On and from the date of commencement of this Act, each of the Institute mentioned in column (3) of the Schedule shall be a body corporate, having 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.

Section 5 Effect of incorporation of Institutes.
On and from the date of commencement of this Act,--

(a) any reference to an existing Institute in any other law for the time being in force or in any contract or other instrument shall be deemed as a reference to the corresponding Institute;

(b) all properties, movable and immovable, of or belonging to an existing Institute shall vest in the corresponding Institute;

(c) all rights and liabilities of an existing Institute shall be transferred to, and be the rights and liabilities of the corresponding Institute;

(d) every person employed by an existing Institute immediately before such commencement shall hold his office or service in the corresponding Institute, with the same tenure, for 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 had this Act not been enacted, and shall continue to do 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 and conditions of the contract with the said 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 case of permanent employee and one month's remuneration in the case of other employee:

Provided further that any reference, by whatever form of words, to the Director or Vice-Chancellor, and other officers of an existing Institute under any law for the time being in force, or any instrument or other document, shall be construed as a reference to the Director, and other officers of the corresponding Institute;

(e) every person pursuing, before commencement of this Act, any academic or research course in an existing Institute, shall be deemed to have migrated and registered with the corresponding Institute, on such commencement at the same level of course in the Institute from which such person migrated; and

(f) all suits and other legal proceedings instituted or which could have been instituted by or against an existing Institute, immediately before the commencement of this Act, shall be continued or instituted by or against the corresponding Institute.



Section 6 Powers and functions of Institutes.
(1) Subject to the provisions of this Act, each Institute shall exercise the following powers and perform the following functions, namely:--

(a) to provide for instruction and research in such branches of food science and food technology, and any other branches of engineering, technology, science and management as the Institute may think fit, and for the advancement of learning and dissemination of knowledge in such branches;

(b) to hold examinations and grant degrees, diplomas, certificates and other academic distinctions or titles;

(c) to confer honorary degrees or other distinctions;

(d) to fix, demand and receive fees and other charges;

(e) to establish, maintain and manage halls and hostels for the residence of students;

(f) to supervise and control the discipline of all categories of employees and students of the Institute and to make arrangements for promoting their health, general welfare, cultural and corporate life;

(g) to provide for the maintenance of units of the National Cadet Corps for the students;

(h) to institute academic and other posts and to make appointments thereto except the Director;

(i) 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;

(j) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable property from testators, donors or transferors, as the case may be;

(k) to co-operate and collaborate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects;

(l) to institute and award fellowships, scholarships, exhibitions, prizes and medals; and

(m) 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), an Institute shall not dispose of in any manner any immovable property without the prior approval of the Central Government.

Section 7 Institutes to be open to all races, creed and classes.
(1) Each Institute shall be open to all persons irrespective of gender, 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, officers, employees or workers or in any other connection whatsoever.

(2) No bequest, donation or transfer of any property shall be accepted by any Institute, which in the opinion of the Council involves conditions or obligations opposed to the spirit and object of this section.

(3) The admission to every academic course or programme of study in each Institute shall be based on merit, assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such Institute:

Provided that nothing in this section shall be deemed to prevent the Institute from making special provisions for the employment or admission of women, persons with disabilities or for persons belonging to any socially and educationally backward classes of citizens and, in particular, for the Scheduled Castes and the Scheduled Tribes:

Provided further that each such Institute shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007).



Section 8 Institutes to be not-for-profit legal entity.
(1) Each Institute shall be a not-for-profit legal entity and no part of the surplus, if any, in revenue of the Institute, after meeting all expenditures in regard to its operations under this Act, shall be invested for any purpose other than for the growth and development of the Institute or for conducting research therein.

(2) Each Institute shall strive to raise funds for self-sufficiency and sustainability.

Section 9 Teaching at Institutes.
All teaching at each of the Institutes shall be conducted by or in the name of the Institute in accordance with the Statutes and Ordinances made in this behalf.

Section 10 Authorities of Institutes.
The following shall be the authorities of an Institute, namely:--

(a) a Board of Governors;

(b) a Senate; and

(c) such other authorities as may be declared by the Statutes to be the authorities of the Institute.



Section 11 Board of Governors.
(1) The Board of Governors of each Institute shall be the principal executive body of that Institute.

(2) The Board of each Institute shall consist of the following Members, namely:---

(a) a Chairperson, from amongst eminent persons distinguished in the field of food industry or education or food science or food processing technology or management or such other field, to be appointed by the Central Government;
(b) the Director of the Institute
--- Member, ex officio;
(c) the Chairperson of the Food Safety and Standards Authority of India or his nominee
--- Member, ex officio;
(d) the Director-General of the Indian Council of Agricultural Research or his nominee
--- Member,ex officio;
(e) one representative, not below the rank of a Director, of the Ministry or Department of the Central Government dealing with Food Processing Industries
--- Member, ex officio;
(f) two representatives having special knowledge in the field of food processing industry to be nominated by the Central Government
--- Members;
(g) one representative from an Indian Institute of Management
--- Member, ex officio;
(h) one representative from an Indian Institute of Technology
--- Member, ex officio;
(i) the Dean of Faculty of the Institute, if any
--- Member, ex officio;
(j) Secretary to the Government of India in the Department of Higher Education or his nominee
--- Member, ex officio;
(k) three faculty members of the Institute from amongst Professors, Associate Professors and Assistant Professors, by rotation of seniority
--- Members, ex officio;
(l) one nominee of the concerned State Government not below the rank of a Joint Secretary
--- Member, ex officio;and
(m) Registrar of the Institute
--- Member-Secretary,ex officio.


(3) The Chairperson shall have the power to invite any number of experts, not being members of the Board, to attend meetings of the Board, but such invitees shall not be entitled to vote at the meeting.

Section 12 Powers and functions of Board.
(1) Subject to the provisions of this Act, the Board of each Institute 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 Board of each Institute shall exercise the following powers and perform the following functions, namely:--

(a) to take decision on questions of policy relating to the administration and working of the Institute;

(b) to examine and approve the annual budget estimates of the Institute;

(c) to examine and approve the plan for development of the Institute and to identify sources of finance for implementation of the plan;

(d) to establish departments, faculties or schools of studies and initiate programmes or courses of study at the Institute;

(e) to set-up centres of food processing studies and allied areas within the country after approval of the Central Government;

(f) to grant degrees, diplomas and other academic distinctions or titles, and to institute and award fellowships, scholarships, prizes and medals;

(g) to confer honorary degrees in such manner as may be specified by the Statutes;

(h) to grant honorary awards and other distinctions;

(i) to create academic, administrative, technical and other posts and determine, by Statutes, the qualification, classification, terms and conditions of service and method of appointment of such posts;

(j) to set-up centres of food processing studies and allied areas outside India in accordance with the guidelines laid down by the Central Government from time to time and in accordance with the provisions of the laws for the time being in force in such foreign country;

(k) to pay, variable pay to the Director of the Institute on the basis of performance objectives as may be specified by the Statutes;

(l) to make, amend and repeal the Statutes;

(m) to consider and modify or cancel the Ordinances; and

(n) to exercise such other powers and perform such other functions as may be conferred on or assigned to it by this Act or the Statutes.

(3) Subject to the provisions of this Act, the Board may, by Statutes, delegate such powers and functions of the Board to the Director as it may deem fit.

(4) The Board shall conduct an annual review of the performance of the Director, in the context of the achievements of objects of the Institute:

Provided that such review shall include performance review of faculty members of the Institute on such parameters, periodicity and terms of reference as may be determined by the Board.

(5) The Board shall, through an independent agency or group of experts, within a period of three years from the date of incorporation of the Institute, and thereafter at least once every three years, evaluate and review the performance of the Institute, including its faculty, on the parameters of long term strategy and rolling plans of the Institute and such other parameters as the Board may decide and the report of such review shall be placed in public domain.

(6) The qualifications, experience and the manner of selection of the independent agency or group of experts, referred to in sub-section (5), shall be such as may be specified by the Statutes.

(7) The report of the evaluation and review under sub-section (5) shall be submitted by the Board to the Central Government along with an action taken report:

Provided that the Central Government may after considering the report, give suggestions to the Board for further actions to be taken by it.

(8) Where in the opinion of the Chairperson or the Director, the situation is so emergent that an immediate decision needs to be taken in the interest of the Institute, the Chairperson, in consultation with the Director, may issue such orders as may be necessary after recording the grounds for his opinion:

Provided that such orders shall be submitted for ratification by the Board in the next meeting.

(9) The Board shall, in exercise of its powers and discharge of its functions under this Act, be accountable to the Central Government, and the Central Government may issue directions to the Board in public interest on the matters of policy.

(10) The Board shall have the power to appoint such Committees as it considers necessary for the exercise of its powers and performance of its functions under this Act.



Section 13 Term of office of, vacancies among, and allowances payable to, Members of Board.
(1) Save as otherwise provided in this section, the term of office of the Chairperson or a Member, other than an ex officio Member, shall be for a period of three years from the date of his appointment or nomination.

(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 of the Board.

(3) Notwithstanding anything contained in this section, an outgoing Member, other than an ex officio Member, shall, unless the Council otherwise directs, continue in office until another person is nominated as a Member in his place or until the expiry of six months whichever is earlier.

(4) The Members of the Board, other than an ex officio Member, shall be entitled to such allowances, as may be provided by the Statutes.
Section 14 Filling of casual vacancy.
When a vacancy occurs in the office of the Chairperson or Member whether by reason of removal, resignation, death or otherwise, such vacancy shall be filled within a period of six months from the date of such vacancy in accordance with the provisions of section 11.

Section 15 Resignation of Members.
The Chairperson or a Member, other than an ex officio Member, may, by notice in writing under his hand addressed to the Central Government, resign his office:

Provided that the Chairperson or a Member, other than an ex officio Member, shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of six months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

Section 16 Senate.
(1) The Senate shall be the principal academic body of the Institute, consisting of the following persons, namely:---

(a) the Director
--- Chairperson, ex officio;
(b) the Registrar
--- Member, ex officio;
(c) all full time faculty at the level of Professors appointed or recognised as such by the Institute for the purpose of imparting instructions in the Institute
--- Members, ex officio;
(d) three persons, not being employees of the Institute, to be nominated by the Board in consultation with the Director from amongst academicians of repute, one each from the fields of food science, management and food technology
--- Members; and
(e) such other members of the staff as may be laid down in the Statutes
--- Members, ex officio.


(2) The term of office of a Member nominated under clause (d) of sub-section (1) shall be two years from the date of his nomination.

(3) 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.

Section 17 Functions of Senate.
Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate of 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 functions as may be conferred on or assigned to it by the Statutes.

Section 18 Powers and functions of Chairperson.
(1) The Chairperson shall ordinarily preside at the meetings of the Board and at the Convocations of the Institute.

(2) It shall be the duty of the Chairperson to ensure that the decisions taken by the Board are implemented.

(3) The Chairperson shall exercise such other powers and perform such other functions as may be conferred on or assigned to him by this Act or the Statutes.



Section 19 Director.
(1) The Director shall be appointed by the Board.

(2) The Director shall be the principal academic and executive officer of the Institute and shall be responsible for the proper administration of the Institute and for imparting of instruction and maintenance of discipline therein.

(3) The Director shall submit annual reports and accounts to the Board.

(4) The Director shall exercise such other powers and perform such other functions as may be conferred on or assigned to him by this Act or the Statutes or Ordinances.

Section 20 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 the records, common seal, 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 specified 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 functions as may be conferred on or assigned to him by this Act or the Statutes or by the Director.