The National Institutes of Food Technology, Entrepreneurship and Management Act, 2021.
Administered Ministry: Ministry of Food Processing Industries / Department of Food Processing Industries
Section
Section 21 Other authorities and officers.
The powers and functions of other authorities and officers, other than those mentioned above, shall be such as may be determined by the Statutes.
Section 22 Appointments.
All appointments of the staff of every Institute shall be made in accordance with the procedure laid down in the Statutes, by--
(a) the Board, if the appointment is of the academic staff in the post of Assistant Professor or above or if the appointment is of the non-academic staff in any post which is above level 7 in the pay matrix; and
(b) the Director, in any other case.
(a) the Board, if the appointment is of the academic staff in the post of Assistant Professor or above or if the appointment is of the non-academic staff in any post which is above level 7 in the pay matrix; and
(b) the Director, in any other case.
Section 23 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 for degrees and diplomas of the Institute;
(d) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(e) the qualifications, classification, terms and conditions of service and method of appointment to academic, administrative, technical and other posts;
(f) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute;
(g) the constitution, powers and functions of the authorities of the Institute;
(h) the establishment and maintenance of halls and hostels;
(i) the conditions for residence of students of the Institute and charging of fees for residence in the halls and hostels and other charges;
(j) the manner of filling up the vacancies of Members of the Board;
(k) the allowances to be paid to the Chairperson and Members of the Board;
(l) the authentication of the orders and decisions of the Board;
(m) the financial accountability of the Institute;
(n) 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; and
(o) any other matter which, by this Act, is required to be, or may be, specified 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 for degrees and diplomas of the Institute;
(d) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(e) the qualifications, classification, terms and conditions of service and method of appointment to academic, administrative, technical and other posts;
(f) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute;
(g) the constitution, powers and functions of the authorities of the Institute;
(h) the establishment and maintenance of halls and hostels;
(i) the conditions for residence of students of the Institute and charging of fees for residence in the halls and hostels and other charges;
(j) the manner of filling up the vacancies of Members of the Board;
(k) the allowances to be paid to the Chairperson and Members of the Board;
(l) the authentication of the orders and decisions of the Board;
(m) the financial accountability of the Institute;
(n) 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; and
(o) any other matter which, by this Act, is required to be, or may be, specified by the Statutes.
Section 24 Statutes how made.
(1) The first Statutes of each Institute shall be framed by the Council with the previous approval of the Central Government and a copy of the same shall be laid as soon as may be after they are made 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 provided in this section.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of Statute shall require the previous approval of the Central Government which may approve it or remit it to the Board for consideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been approved by the Central Government.
(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter provided in this section.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of Statute shall require the previous approval of the Central Government which may approve it or remit it to the Board for consideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been approved by the Central Government.
Section 25 Ordinances.
Subject to the provisions of this Act and the Statutes, the Ordinances of the 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 26 Ordinances how made.
(1) Save as otherwise provided in this section, the 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 after it is made, to the Board and shall be considered by the Board at its next meeting.
(3) The Board shall have power by resolution to modify or cancel any 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 after it is made, to the Board and shall be considered by the Board at its next meeting.
(3) The Board shall have power by resolution to modify or cancel any Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.
Section 27 Tribunal of Arbitration.
(1) Any dispute arising out of a contract between the 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 concerned, and an umpire appointed by the Central Government.
(2) The decision of the Tribunal of Arbitration shall be final, and no suit shall lie in any civil court in respect of the matters decided by the said Tribunal:
Provided that nothing in this sub-section shall preclude the employee or the Institute, as the case may be, from availing the judicial remedies available under articles 32 and 226 of the Constitution.
(3) The Tribunal of Arbitration shall have power to regulate its own procedure.
(4) 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 of Arbitration shall be final, and no suit shall lie in any civil court in respect of the matters decided by the said Tribunal:
Provided that nothing in this sub-section shall preclude the employee or the Institute, as the case may be, from availing the judicial remedies available under articles 32 and 226 of the Constitution.
(3) The Tribunal of Arbitration shall have power to regulate its own procedure.
(4) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.
Section 28 Establishment of Council.
(1) With effect from such date as the Central Government may, by notification, 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:---
Provided that the office of member of the Council shall not disqualify its holder for being chosen as or for being a Member of either House of Parliament;
(3) The Central Government may, by order, designate one amongst the members as Vice-chairperson to the Council.
(2) The Council shall consist of the following members, namely:---
| (a) the Minister in-charge of Food Processing Industries, Central Government | |
| (b) the Minister of the State for Food Processing Industries, Central Government | |
| (c) Chairperson, Food Safety and Standards Authority of India | |
| (d) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing with Finance | |
| (e) the Chief Executive Officer, National Institution for Transforming India | |
| (f) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing with Higher Education | |
| (g) three representatives of eminence from Food Processing Industry to be nominated by the Chairperson of the Council | |
| (h) three eminent academicians known for their contribution in the field of food processing, to be nominated by the Chairperson of the Council | |
| (i) three Members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States |
Provided that the office of member of the Council shall not disqualify its holder for being chosen as or for being a Member of either House of Parliament;
| (j) the Secretary to the Government of India in-charge of the Ministry of the Central Government dealing with Food Processing Industries |
(3) The Central Government may, by order, designate one amongst the members as Vice-chairperson to the Council.
Section 29 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, other than an ex officio member, shall be for a period of three years from the date of his nomination:
Provided that the term of member referred to in clause (i) of sub-section (2) of section 28 shall come to an end as soon as the member becomes a Minister or Minister of State or Deputy Minister or the Speaker or the Deputy Speaker of the House of the people or the Deputy Chairman of the Council of States or ceases to be a Member of the House from which he was elected.
(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) The members of the Council referred to in clauses (g) and (h) of sub-section (2) of section 28 shall hold office during the pleasure of the Central Government.
(4) The vacancy of a member of the Council, other than an ex officio member, shall be filled up in such manner as may be prescribed.
(5) The term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been so nominated.
(6) Notwithstanding anything contained in this section, an outgoing member, other than an ex officio member, shall, unless the Central Government 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.
(7) The members of the Council, other than ex officio members, shall be paid such travelling and other allowances as may be provided by the Statutes.
(8) A member of the Council other than an ex officio member may be removed from his office by the Central Government in such circumstances and manner as may be prescribed.
Provided that the term of member referred to in clause (i) of sub-section (2) of section 28 shall come to an end as soon as the member becomes a Minister or Minister of State or Deputy Minister or the Speaker or the Deputy Speaker of the House of the people or the Deputy Chairman of the Council of States or ceases to be a Member of the House from which he was elected.
(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) The members of the Council referred to in clauses (g) and (h) of sub-section (2) of section 28 shall hold office during the pleasure of the Central Government.
(4) The vacancy of a member of the Council, other than an ex officio member, shall be filled up in such manner as may be prescribed.
(5) The term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been so nominated.
(6) Notwithstanding anything contained in this section, an outgoing member, other than an ex officio member, shall, unless the Central Government 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.
(7) The members of the Council, other than ex officio members, shall be paid such travelling and other allowances as may be provided by the Statutes.
(8) A member of the Council other than an ex officio member may be removed from his office by the Central Government in such circumstances and manner as may be prescribed.
Section 30 Functions of Council.
(1) It shall be the general function of the Council to co-ordinate the activities of all the Institutes and it shall facilitate the sharing of experiences, ideas and concerns with a view to enhance the performance of the Institutes.
(2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:--
(a) to lay down broader policy framework for the functioning of the Institutes;
(b) to recommend to the Central Government, the institution of scholarships including for research and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens;
(c) to deliberate on such matters of common interest to Institutes as may be referred to it by an Institute;
(d) to promote necessary coordination and co-operation in the working of the Institutes;
(e) to review the achievement of policy objectives; and
(f) to perform such other functions as may be prescribed.
(2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:--
(a) to lay down broader policy framework for the functioning of the Institutes;
(b) to recommend to the Central Government, the institution of scholarships including for research and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens;
(c) to deliberate on such matters of common interest to Institutes as may be referred to it by an Institute;
(d) to promote necessary coordination and co-operation in the working of the Institutes;
(e) to review the achievement of policy objectives; and
(f) to perform such other functions as may be prescribed.
Section 31 Meetings of Council.
The Council shall meet at such time and place and follow such procedure in its meetings (including quorum at such meetings) as may be prescribed.
Section 32 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 of the Institute in each financial year such sums of money and in such manner as it may think fit.
Section 33 Fund of Institutes.
(1) Each Institute shall maintain a Fund to which shall be credited,--
(a) all moneys provided 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 each Institute shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Board, decide.
(3) The Fund of each Institute shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its functions under this Act.
(a) all moneys provided 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 each Institute shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Board, decide.
(3) The Fund of each Institute shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its functions under this Act.
Section 34 Accounts and audit.
(1) Each Institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form and manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of each 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 each 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 in accordance with such procedure as may be laid down by the Central Government.
(2) The accounts of each 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 each 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 in accordance with such procedure as may be laid down by the Central Government.
Section 35 Pension, insurance and provident funds.
(1) Each Institute shall constitute for the benefit of its employees, including the Director, in such manner and subject to such conditions as may be specified by the Statutes, such pension, insurance and provident funds as it may deem fit.
(2) Where the provident fund referred to in sub-section (1) has been constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund as if it were a Government Provident Fund.
(2) Where the provident fund referred to in sub-section (1) has been constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 (19 of 1925) shall apply to such fund as if it were a Government Provident Fund.
Section 36 Acts and proceedings not to be invalidate by vacancies, etc.
No act of the Council, or any Institute, or Board, or Senate or any other Committee 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 nomination or appointment of a person acting as 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 nomination or appointment of a person acting as member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
Section 37 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Chairperson or Members of the Board, Senate or Council or any officer or employee of the Institute for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act, the Statutes or the Ordinances.
Section 38 Power to make rules.
(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(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 up the vacancy under sub-section (4) of section 29;
(b) the circumstances and the manner in which a member of the Council may be removed from his office under sub-section (8) of section 29;
(c) the other functions of the Council under clause (f) of sub-section (2) of section 30;
(d) the time and place of meeting of the Council, its quorum and the procedure for conducting business therein under section 31;
(e) the form and manner in which the annual statement of accounts including the balance sheet shall be prepared under sub-section (1) of section 34; and
(f) any other matter which is required to be, or may be, prescribed
(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 up the vacancy under sub-section (4) of section 29;
(b) the circumstances and the manner in which a member of the Council may be removed from his office under sub-section (8) of section 29;
(c) the other functions of the Council under clause (f) of sub-section (2) of section 30;
(d) the time and place of meeting of the Council, its quorum and the procedure for conducting business therein under section 31;
(e) the form and manner in which the annual statement of accounts including the balance sheet shall be prepared under sub-section (1) of section 34; and
(f) any other matter which is required to be, or may be, prescribed
Section 39 Rules, Statutes and Ordinances to be published in Official Gazette and to be laid before Parliament.
(1) Every rule, every Statute and every Ordinance made under this Act shall be published in the Official Gazette.
(2) Every rule, every Statute and every Ordinance made under this Act 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, Statute or Ordinance or both Houses agree that the rule, Statute or Ordinance should not be made, the rule, Statute or Ordinance 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, Statute or Ordinance.
(2) Every rule, every Statute and every Ordinance made under this Act 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, Statute or Ordinance or both Houses agree that the rule, Statute or Ordinance should not be made, the rule, Statute or Ordinance 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, Statute or Ordinance.
Section 40 Power to remove difficulties.
(1) 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 provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.