The National Institutes of Technology, Science Education and Research Act, 2007

Administered Ministry: Ministry of Education / Department of Higher Education

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Section
Section 1 Short title and commencement.
(1) This Act may be called the 1[National Institutes of Technology, Science Education and Research] Act, 2007.

(2) It shall come into force on such date2 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 "National Institutes of Technology" (w.e.f. 7-6-2012).
2. 15th August, 2007, vide notification No. S.O. 1384(E), dated 9th August, 2007, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 2 Declaration of certain Institutions as Institutions of national importance.
Whereas the objects of the institution mentioned in 1[the First Schedule, the Second Schedule and the Third 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 9 of 2014, s. 2, for "the First Schedule and the Second Schedule" (w.e.f. 4-3-2014).
Section 3 Definitions.
.In this Act, unless the context otherwise requires,-

(a) "Board", in relation to any Institute, means the Board of Governors thereof;

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

(c) "Corresponding Institute", in relation to a society mentioned in column (2) of 1[the First Schedule, the Second Schedule and the Third Schedule] means the Institute as specified in column (3) of 1[the First Schedule, the Second Schedule and the Third Schedule];

(d) "Council", means the Council established under sub-section (1) of section 30 2[ 3*** 4*** as the case may be];

(e) "Deputy Director", in relation to any Institute, means the Deputy Director thereof;

(f) "Director", in relation to any Institute, means the Director thereof;

(g) "Institute" means any of the Institutions mentioned in column (3) of 1[the First Schedule, the Second Schedule and the Third Schedule];

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

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

(j) "Registrar" in relation to any Institute, means the Registrar thereof;

(k) "Schedule" means 5[the First Schedule, the Second Schedule and the Third Schedule];

(l) "Senate" in relation to any Institute, means the Senate thereof;

(m) "Society" means any of the societies registered under the Societies Registration Act, 1860 (21 of 1860) and mentioned in column (2) of the 5[the First Schedule, the Second Schedule and the Third Schedule];

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

1. Subs. by Act 9 of 2014, s. 2, for "the First Schedule and the Second Schedule" (w.e.f. 4-3-2014).

2. Ins. by Act 28 of 2012, s. 5 (w.e.f. 7-6-2012).

3. The words, brackets, figures and letter "or sub-section (1) of section 30A" omitted by Act 9 of 2014, s. 3 (w.e.f. 4-3-2014).

4. The words "as the case may be" omitted by Act 2 of 2018, s. 3 and The Second Schedule (w.e.f. 5-1-2018).

5. Subs. by Act 9 of 2014, s.3, for "the First Schedule and the Second Schedule" (w.e.f. 4-3-2014).

Section 4 Incorporation of Institutes.
(1) Each of the Institutes mentioned in column (3) of the 1[the First Schedule, the Second Schedule and the Third Schedule] shall be a body corporate having perpetual succession and a common seal and shall, by its name, sue and be sued.

2[(1A) The Bengal Engineering and Science University, Shibpur shall be deemed to have been incorporated under this Act, and on such incorporation, be called the Indian Institute of Engineering Science and Technology, Shibpur.]

(2) The body corporate constituting each of the said Institutes shall consist of a Chairperson, a Director and other members of the Board for the time being of the institute.

1. Subs. by s.4, ibid., for "the First Schedule and the Second Schedule" (w.e.f. 4-3-2014).

2. Ins. by s. 4, ibid. (w.e.f. 4-3-2014).

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

(a) Any reference to a society in any law, other than this Act, or in any contract or other instrument shall be deemed as a reference to the corresponding Institute;

(b) All property, movable and immovable, of or belonging to a society shall vest in the corresponding Institute;

(c) All the rights and liabilities of a society shall be transferred to, and be the rights and liabilities of the corresponding Institute; and

(d) every person employed by a society, immediately before such commencement shall hold his office or service in the corresponding Institute for 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 if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and 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 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.

Section 5A Effect of incorporation of Bengal Engineering and Science University, Shibpur.
1[5A. Effect of incorporation of Bengal Engineering and Science University, Shibpur.--On and from the commencement of the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014 (9 of 2014)--

(a) any reference to the Bengal Engineering and Science University, Shibpur in any law, contract or other instrument shall be deemed as a reference to the Indian Institute of Engineering Science and Technology, Shibpur;

(b) all property, movable and immovable, of or belonging to the Bengal Engineering and Science University, Shibpur, shall vest in the Indian Institute of Engineering Science and Technology, Shibpur;

(c) all the rights and liabilities of the Bengal Engineering and Science University, Shibpur shall be the rights and liabilities of the Indian Institute of Engineering Science and Technology, Shibpur;

(d) every person (including Director, officers and other employees) who is employed in the Bengal Engineering and Science University, Shibpur, immediately before the date of commencement of the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014 (9 of 2014), shall, on and after such commencement, become an employee of the Indian Institute of Engineering Science and Technology, Shibpur and shall hold his office or service by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same on the date of the commencement of the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014, as if the said Act had not been brought into force and shall continue to do so until his employment is terminated or until such tenure, remuneration, terms and conditions are altered by the Statutes or Ordinances:

Provided that the tenure, remuneration, terms and conditions of service of such person shall not be altered to his disadvantage without the previous approval of the Central Government:

Provided further that any reference to the Chancellor and the Vice-Chancellor of the Bengal Engineering and Science University, Shibpur in any law, instrument or other document made before the commencement of the said Act, shall be construed as a reference to the Visitor and the Director, respectively, of the Indian Institute of Engineering Science and Technology, Shibpur;

(e) Vice-Chancellor of the Bengal Engineering and Science University, Shibpur shall be the Director of the Indian Institute of Engineering Science and Technology, Shibpur till such date the Central Government appoints new Director for the Indian Institute of Engineering Science and Technology, Shibpur;

(f) any examination conducted by the Bengal Engineering and Science University, Shibpur immediately before the commencement of the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014 (9 of 2014) for admission or award of degrees shall be valid examination and shall be deemed to have been conducted by the Indian Institute of Engineering Science and Technology, Shibpur.]

1. Ins. by s. 5, ibid. (w.e.f. 4-3-2014)

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

(a) to provide for instruction and research in such branches of engineering and technology, management, education, sciences and arts, 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 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 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;

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

(h) to institute academic and other posts with the prior approval of the Central Government, and to make appointments thereto excluding the Director 1***;

(i) to frame Statutes and Ordinances and to alter, modify or rescind the same;

(j) 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;

(k) 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;

(l) 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 teachers and scholars and generally in such manner as may be conducive to their common objects;

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

(n) to undertake consultancy in the areas or disciplines relating to the Institute; and

(o) 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.

1. The words "and the Deputy Director" omitted by Act 28 of 2012, s. 7 (w.e f. 7-6-2012).
Section 7 Institutes to be open to all races, creeds and classes.
(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 any Institute, which in the opinion of the Council involves conditions or obligations opposed to the spirit and object of this section.

Section 8 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 9 Visitor.
(1) The President of India shall be the Visitor of every Institute.

(2) The Visitor may appoint one or more persons to review the work and progress of any Institute 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 within reasonable time.

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.
The Board of every 1[Institute mentioned in the First Schedule] shall consist of the following members, namely:--

(a) the Chairperson to be nominated by the Visitor;

(b) the Director, ex officio;

(c) two persons not below the rank of the Joint Secretary to the Government of India to be nominated by the Central Government from amongst persons dealing with technical education and finance;

(d) two persons to be nominated by the Government of the State in which the 2[Institute mentioned in the First Schedule] is situated, from amongst persons, who, in the opinion of that Government, are technologists or industrialists of repute;

(e) two persons, at least one of whom shall be a woman, having special knowledge or practical experience in respect of education, engineering or science to be nominated by the Council; 3***

(f) one professor and one assistant professor or a lecturer of the 2[Institute mentioned in the First Schedule] to be nominated by the Senate;

4[(g) the Director of the Indian Institute of Technology in whose zone the Institute is located, or his nominee, not below the rank of a Professor].

1. Subs. by s.8, ibid., for "Institute" (w.e.f. 7-6-2012).

2. Subs by Act 28 of 2012, s.8, for "Institute" (w.e.f. 7-6-2012).

3. The word "and" omitted by s. 8, ibid. (w.e.f. 7-6-2012).

4. Ins. by s.8, ibid. (w.e.f. 7-6-2012).

Section 11A Board of Institutes of Second Schedule and Third Schedule.
1[11A. Boards of Institute of 2[Second Schedule and Third Schedule].-- The Board of every Institute mentioned in 3[the Second Schedule and the Third Schedule] shall consist of the following members, namely:--

(a) the Chairperson to be nominated by the Visitor;

(b) Secretary, Department of Higher Education, Government of India, or his nominee not below the rank of the Joint Secretary to the Government of India, ex officio;

(c) Director of the Institute, ex officio;

(d) Director of Indian Institute of Science, Bangalore, ex officio;

(e) Director of one of the Indian Institutes of Technology, to be nominated by the Central Government;

(f) two Secretaries to the Government of India, to be nominated by the Central Government representing its Scientific or Industrial Ministries;

(g) Chief Secretary of the State in which the Institute is located, or his nominee not below the rank of the Joint Secretary to the Government of India, ex officio;

(h) two professors of the Institute to be nominated by the Senate;

(i) two eminent scientists, to be nominated by the Council, having special knowledge of practical experience in respect of education, engineering or science, one of whom shall be a woman; and

(j) Financial Advisor, Ministry of Human Resource Development, ex officio.]

1. Ins. by s.9, ibid. (w.e.f. 7-6-2012).

2. Subs. by Act 9 of 2014, s.6, for "Second Schedule" (w.e.f. 4-3-2014).

3. Subs. by s.6, ibid., for "the Second Schedule" (w.e.f. 4-3-2014).

Section 12 Term of office of, vacancies among, and allowances payable to, members of Board.
Save as otherwise provided in this section,--

(a) the term of office of the Chairperson or other members of the Board shall be three years from the date of his nomination;

(b) 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;

(c) the term of office of a member nominated under clause (f) of section 11 1[and clause (h) of section 11A] shall be two years from the date of his nomination;

(d) a casual vacancy shall be filled up in accordance with the provisions of section 11 1[or section 11A, as the case may be;]

(e) 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 nominated;

(f) the member of the Board 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 members referred to in clauses (b) and (f) of section 11 1[and clauses (c) and (h) of section 11A] shall be entitled to any salary by reason of this clause.

1. Ins. by Act 28 of 2012, s. 10 (w.e.f. 7-6-2012).

Section 13 Powers and functions of Board.
(1) Subject to the provisions of this Act, the Board of every 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 every Institute shall,--

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

(b) institute courses of study at the Institute;

(c) make Statutes;

(d) institute and appoint persons to academic as well as other posts in the Institute;

(e) consider and modify or cancel Ordinances;

(f) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the Institute for the next financial year as it thinks fit and submit them to the Council together with a statement of its development plans;

(g) 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 Board shall have the power to appoint such committees, as it considers necessary for the exercise of its powers and the performance of its duties under this Act.

Section 14 Senate.
The Senate of every Institute shall consist of the following persons, namely:--

(a) the Director, ex officio, who shall be the Chairman of the Senate;

(b) the Deputy Director, ex officio;

(c) the Professors appointed or recognised as such by the Institute for the purpose of imparting instructions in the Institute;

(d) three persons, one of whom shall be a woman, 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 field of science, engineering and humanities;

(e) such other members of the staff as may be laid down in the Statutes.

Section 15 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 duties as may be conferred or imposed upon it by the Statutes.

Section 16 Chairperson of Board.
(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 duties as may be assigned to him by this Act or the Statutes.

Section 17 Director and Deputy Director.
(1) The Director 1*** of an Institute shall be appointed by the Visitor, on such terms and conditions of service and on the recommendations of a Selection Committee constituted by him in such manner, as may be prescribed by the Statutes.

(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 the 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 duties as may be assigned to him by this Act or the Statutes or Ordinances.

2[(5) The Deputy Director of every Institute shall be appointed in such manner and 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.]

1. The words "and Deputy Director" omitted by Act 28 of 2012, s.11 (w. e. f 7-6-2012).

2. Subs. by s. 11, ibid., for sub-section (5) (w.e.f 7-6-2012).

Section 18 Registrar.
(1) The Registrar of every Institute shall be appointed on such terms and conditions as may be laid down by the Statutes and shall be the custodian of records, the common seal, the funds of the Institute and such other property of the Institute as the Board shall commit to his charge.

(2) The Registrar shall act as the Secretary of the Board, 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.