The School of Planning and Architecture Act, 2014
Administered Ministry: Ministry of Education / Department of Higher Education
Section
Section 21 Other authorities and officers.
The powers and duties of authorities and officers other than those mentioned above shall be determined by the Statutes.
Section 22 Review of performance of School.
(1) Every School shall, within seven years from the establishment and incorporation of School under this Act and thereafter at the expiration of every fifth year, constitute, with the prior approval of the Central Government, a Committee to evaluate and review the performance of the School in achievement of its objects in the said period.
(2) The Committee constituted under sub-section (1) shall consist of members of acknowledged repute in academia or industry, drawn from such fields of knowledge as may have relevance to teaching, learning and research in such School.
(3) The Committee shall assess the performance of School and make recommendations to the Board in accordance with the provisions laid down in Statutes.
(2) The Committee constituted under sub-section (1) shall consist of members of acknowledged repute in academia or industry, drawn from such fields of knowledge as may have relevance to teaching, learning and research in such School.
(3) The Committee shall assess the performance of School and make recommendations to the Board in accordance with the provisions laid down in Statutes.
Section 23 Grants by Central Government.
For the purpose of enabling the Schools 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 every School in each financial year such sums of money in such manner as it may think fit.
Section 24 Fund of School.
(1) Every School shall maintain a Fund to which shall be credited to—
(a) all moneys provided by the Central Government;
(b) all fees and other charges received by the School;
(c) all moneys received by the School by way of grants, gifts, donations, benefactions, bequests or transfers;
(d) all moneys received by the School from utilisation of intellectual property arising from research conducted or provision of advisory or consultancy services by it; and
(e) all moneys received by the School in any other manner or from any other source.
(2) All moneys credited to the Fund of every School shall be deposited in such banks or invested in such manner as the School may, with the approval of the Finance Committee and the governing body, decide.
(3) The fund of any School shall be applied towards meeting the expenses of the School, including expenses incurred in the exercise of its powers and discharge of its duties under this Act.
(a) all moneys provided by the Central Government;
(b) all fees and other charges received by the School;
(c) all moneys received by the School by way of grants, gifts, donations, benefactions, bequests or transfers;
(d) all moneys received by the School from utilisation of intellectual property arising from research conducted or provision of advisory or consultancy services by it; and
(e) all moneys received by the School in any other manner or from any other source.
(2) All moneys credited to the Fund of every School shall be deposited in such banks or invested in such manner as the School may, with the approval of the Finance Committee and the governing body, decide.
(3) The fund of any School shall be applied towards meeting the expenses of the School, including expenses incurred in the exercise of its powers and discharge of its duties under this Act.
Section 25 Accounts and audit.
(1) Every School shall maintain proper accounts and other relevant records and prepare annual statement of accounts including the balance sheet in such form and accounting standard as may be specified by notification, by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) Where the statement of income and expenditure and the balance sheet of the School do not comply with the accounting standards, the School shall disclose in its statement of income and expenditure and balance sheet, the following, namely:—
(a) the deviation from the accounting standards;
(b) the reasons for such deviation; and
(c) the financial effect, if any, arising out of such deviation.
(3) The accounts of every School shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by audit team in connection with such audit shall be payable by the School to the Comptroller and Auditor-General of India.
(4) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the School 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 rights to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the School.
(5) The accounts of every School 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) Where the statement of income and expenditure and the balance sheet of the School do not comply with the accounting standards, the School shall disclose in its statement of income and expenditure and balance sheet, the following, namely:—
(a) the deviation from the accounting standards;
(b) the reasons for such deviation; and
(c) the financial effect, if any, arising out of such deviation.
(3) The accounts of every School shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by audit team in connection with such audit shall be payable by the School to the Comptroller and Auditor-General of India.
(4) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the School 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 rights to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the School.
(5) The accounts of every School 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 26 Pension and provident fund.
(1) Every School may constitute for the benefit of its employees such provident or pension fund or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.
(2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund, as if it were a Government provident fund.
(2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund, as if it were a Government provident fund.
Section 27 Appointments.
All appointments of the staff of every School, except that of the Director, shall be made in accordance with the procedure laid down in the Statutes, by:—
(a) the Board, if the appointment is made on the academic staff in the post of Assistant Professor or if the appointment is made on the non-academic staff in every cadre the maximum of the pay scale for which exceeds prevalent grade pay scale for Group "A" Officers;
(b) the Director, in any other case.
(a) the Board, if the appointment is made on the academic staff in the post of Assistant Professor or if the appointment is made on the non-academic staff in every cadre the maximum of the pay scale for which exceeds prevalent grade pay scale for Group "A" Officers;
(b) the Director, in any other case.
Section 28 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 and centres for research;
(c) the fees to be charged for courses of study in the School and for admission to the examinations of degrees and diplomas of the School;
(d) the institution of fellowship, scholarships, exhibitions, medals and prizes;
(e) the term of office and the method of appointment of officers of the School;
(f) the qualifications of teachers of the School;
(g) the classification, the method of appointment and the determination of the terms and conditions of service of teachers and other staff of the School;
(h) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the School;
(i) the constitution, powers and duties of the authorities of the School;
(j) the establishment and maintenance of halls and hostels;
(k) the conditions of residence of students of the School and the levying of fees for residence in the halls and hostels and of other charges;
(l) the allowances to be paid to the Chairperson and Members of the Board;
(m) the authentication of the orders and decisions of the Board; and
(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.
(a) the conferment of honorary degrees;
(b) the formation of departments of teaching and centres for research;
(c) the fees to be charged for courses of study in the School and for admission to the examinations of degrees and diplomas of the School;
(d) the institution of fellowship, scholarships, exhibitions, medals and prizes;
(e) the term of office and the method of appointment of officers of the School;
(f) the qualifications of teachers of the School;
(g) the classification, the method of appointment and the determination of the terms and conditions of service of teachers and other staff of the School;
(h) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the School;
(i) the constitution, powers and duties of the authorities of the School;
(j) the establishment and maintenance of halls and hostels;
(k) the conditions of residence of students of the School and the levying of fees for residence in the halls and hostels and of other charges;
(l) the allowances to be paid to the Chairperson and Members of the Board;
(m) the authentication of the orders and decisions of the Board; and
(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.
Section 29 Statutes how made.
(1) The first Statutes of each School shall be framed by the Central Government with the approval of the Visitor and a copy of the same shall be laid as soon as may be 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 provided in this section.
(3) Every new Statutes or addition to the Statutes or any amendment or repeal of Statutes shall require the prior approval of the Visitor who may grant assent or withhold assent or remit it to the Board for consideration.
(4) New Statutes or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor:
Provided that the Central Government with the prior approval of the Visitor may frame or amend the Statutes for the School, if the same is required for uniformity and a copy of the same shall be laid as soon as may be 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 provided in this section.
(3) Every new Statutes or addition to the Statutes or any amendment or repeal of Statutes shall require the prior approval of the Visitor who may grant assent or withhold assent or remit it to the Board for consideration.
(4) New Statutes or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor:
Provided that the Central Government with the prior approval of the Visitor may frame or amend the Statutes for the School, if the same is required for uniformity and a copy of the same shall be laid as soon as may be before each House of Parliament.
Section 30 Ordinances.
Subject to the provisions of this Act and the Statutes, the Ordinances of every School may provide for all or any of the following matters, namely:—
(a) the admission of the students to the School;
(b) the courses of study to be laid down for all degrees and diplomas of the School;
(c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the School, 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 School; 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 School;
(b) the courses of study to be laid down for all degrees and diplomas of the School;
(c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the School, 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 School; and
(h) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances.
Section 31 Ordinances how made.
(1) Save as otherwise provided in this section, 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, 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 such 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, 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 such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.
Section 32 Tribunal of Arbitration.
(1) Any dispute arising out of a contract between a School and any of its employees shall, at the request of the employee concerned or at the instance of the School, be referred to a Tribunal of Arbitration consisting of one Member appointed by the School, one Member nominated by the employee, and an umpire appointed by the Visitor.
(2) The decision of the Tribunal shall be final and shall not be questioned in any court.
(3) No suit or proceeding shall lie in any court in respect of any matter, which is required by subsection (1) to be referred to the Tribunal of Arbitration.
(4) The Tribunal of Arbitration shall have power to regulate its own procedure:
Provided that the Tribunal shall have regard to the principles of natural justice while making such procedure.
(5) Nothing in any other law for the time being in force relating to arbitration shall apply to arbitrations under this section.
(2) The decision of the Tribunal shall be final and shall not be questioned in any court.
(3) No suit or proceeding shall lie in any court in respect of any matter, which is required by subsection (1) to be referred to the Tribunal of Arbitration.
(4) The Tribunal of Arbitration shall have power to regulate its own procedure:
Provided that the Tribunal shall have regard to the principles of natural justice while making such procedure.
(5) Nothing in any other law for the time being in force relating to arbitration shall apply to arbitrations under this section.
Section 33 Establishment of Council for Schools.
(1) With effect from such date as the Central Government may, by notification, specify in this behalf, there shall be established for all Schools specified in column (3) of the Schedule, a central body to be called the Council.
(2) The Council shall consist of the following members, namely:--
(a) the Minister in charge of the Ministry or Department of the Central Government having administrative control of the technical education, ex officio, as Chairperson;
(b) two Members of the Parliament of India (one Member to be nominated by the Speaker of Lok Sabha and one member to be nominated by the Chairman of Rajya Sabha), ex officio;
(c) the Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the technical education, ex officio, as ViceChairperson;
(d) the Chairperson of every Board, ex officio;
(e) the Director of every School, ex officio;
(f) the Chairman, University Grants Commission, ex officio;
(g) the President, Council of Architecture, New Delhi, ex officio;
(h) the President, Institute of Town Planners, India, ex officio;
(i) the Chairman, Indian Institute of Architects, ex officio;
(j) the President, Institution of Surveyors of India, ex officio;
(k) two Secretaries to the Government of India to represent the Ministries or Departments of the Central Government dealing with Urban Development and Defence, ex officio;
(l) the Chairman, All India Council for Technical Education, ex officio;
(m) three persons to be nominated by the Visitor, at least one of whom shall be a woman, having special knowledge or practical experience in respect of Architecture or Landscape Architecture or Urban Design and one from Urban and Regional Planning, ex officio;
(n) two Secretaries to the State Government, from amongst the Ministries or Departments of that Government dealing with technical education where the Schools are located, ex officio;
(o) Financial Advisor, dealing with the Ministry of Human Resource Development, Department of the Central Government, ex officio; and
(p) one officer not below the rank of Joint Secretary to the Government of India in the Ministry or Department of the Central Government having administrative control of the Technical Education, ex officio, as Member Secretary.
(3) The Council shall have a Secretariat with officials to be appointed by the Statutes.
(4) The Council, may, constitute a Standing Committee of the School of Planning and Architecture Council to assist the Council in discharge of its duties and responsibilities.
(2) The Council shall consist of the following members, namely:--
(a) the Minister in charge of the Ministry or Department of the Central Government having administrative control of the technical education, ex officio, as Chairperson;
(b) two Members of the Parliament of India (one Member to be nominated by the Speaker of Lok Sabha and one member to be nominated by the Chairman of Rajya Sabha), ex officio;
(c) the Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the technical education, ex officio, as ViceChairperson;
(d) the Chairperson of every Board, ex officio;
(e) the Director of every School, ex officio;
(f) the Chairman, University Grants Commission, ex officio;
(g) the President, Council of Architecture, New Delhi, ex officio;
(h) the President, Institute of Town Planners, India, ex officio;
(i) the Chairman, Indian Institute of Architects, ex officio;
(j) the President, Institution of Surveyors of India, ex officio;
(k) two Secretaries to the Government of India to represent the Ministries or Departments of the Central Government dealing with Urban Development and Defence, ex officio;
(l) the Chairman, All India Council for Technical Education, ex officio;
(m) three persons to be nominated by the Visitor, at least one of whom shall be a woman, having special knowledge or practical experience in respect of Architecture or Landscape Architecture or Urban Design and one from Urban and Regional Planning, ex officio;
(n) two Secretaries to the State Government, from amongst the Ministries or Departments of that Government dealing with technical education where the Schools are located, ex officio;
(o) Financial Advisor, dealing with the Ministry of Human Resource Development, Department of the Central Government, ex officio; and
(p) one officer not below the rank of Joint Secretary to the Government of India in the Ministry or Department of the Central Government having administrative control of the Technical Education, ex officio, as Member Secretary.
(3) The Council shall have a Secretariat with officials to be appointed by the Statutes.
(4) The Council, may, constitute a Standing Committee of the School of Planning and Architecture Council to assist the Council in discharge of its duties and responsibilities.
Section 34 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 three years from the date of notification.
(2) The terms of office of an ex officio Member shall continue so long as he holds office by virtue of which he is such a Member.
(3) The term of office of a member nominated under clause (b) of sub-section (2) of section 33 shall expire as soon as he ceases to be Member of the House, which elected him.
(4) The term of office of a Member of the Council nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the Member in whose place he has been appointed.
(5) Notwithstanding anything contained in this section an outgoing Member of the Council shall, unless the Central Government otherwise directs, continue in office until another person is appointed as a Member in his place.
(6) The members of the Council shall be entitled to such travelling and other allowances, as may be prescribed, for attending meetings of the Council or the Committees thereof.
(2) The terms of office of an ex officio Member shall continue so long as he holds office by virtue of which he is such a Member.
(3) The term of office of a member nominated under clause (b) of sub-section (2) of section 33 shall expire as soon as he ceases to be Member of the House, which elected him.
(4) The term of office of a Member of the Council nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the Member in whose place he has been appointed.
(5) Notwithstanding anything contained in this section an outgoing Member of the Council shall, unless the Central Government otherwise directs, continue in office until another person is appointed as a Member in his place.
(6) The members of the Council shall be entitled to such travelling and other allowances, as may be prescribed, for attending meetings of the Council or the Committees thereof.
Section 35 Functions of Council.
(1) It shall be the general duty of the Council to co-ordinate the activities of all the Schools.
(2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:
(a) to advise on policy matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the Schools, admission standards and other academic matters;
(b) to recommend to the Central Government, proposals for establishment of new Schools of Planning and Architecture;
(c) to deliberate on such matters of common interest to Schools as may be referred to it by any School;
(d) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and freeships, levying of fees and other matters of common interest;
(e) to examine the development plans of each School and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans;
(f) to advise the Visitor, if so required, in respect of any function to be performed by him under this Act; and
(g) to perform such other functions as may be referred to it by the Central Government:
Provided that nothing in this section shall derogate the powers and functions vested in the Board or Senate or other authorities of a School.
(2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:
(a) to advise on policy matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the Schools, admission standards and other academic matters;
(b) to recommend to the Central Government, proposals for establishment of new Schools of Planning and Architecture;
(c) to deliberate on such matters of common interest to Schools as may be referred to it by any School;
(d) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and freeships, levying of fees and other matters of common interest;
(e) to examine the development plans of each School and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans;
(f) to advise the Visitor, if so required, in respect of any function to be performed by him under this Act; and
(g) to perform such other functions as may be referred to it by the Central Government:
Provided that nothing in this section shall derogate the powers and functions vested in the Board or Senate or other authorities of a School.
Section 36 Chairperson of Council.
(1) The Chairperson of the Council shall ordinarily preside at the meetings of the Council:
Provided that in his absence, the Vice-Chairperson of the Council shall preside at the meetings of the Council.
(2) It shall be the duty of the Chairperson of the Council to ensure that the decisions taken by the Council are implemented.
(3) The Chairperson shall exercise such other powers and perform such other duties as are assigned to him by this Act.
(4) The Council shall meet once in every year and follow such procedure in its meetings as may be prescribed.
Provided that in his absence, the Vice-Chairperson of the Council shall preside at the meetings of the Council.
(2) It shall be the duty of the Chairperson of the Council to ensure that the decisions taken by the Council are implemented.
(3) The Chairperson shall exercise such other powers and perform such other duties as are assigned to him by this Act.
(4) The Council shall meet once in every year and follow such procedure in its meetings as may be prescribed.
Section 37 Power to make rules in respect of matters in this Chapter. 1 docs
(1) The Central Government may, after previous publication, by notification, make rules to carry out the purposes 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 and the conditions for providing provident fund and pension fund or insurance scheme under sub-section (1) of section 26;
(b) the travelling and other allowances for the Members for attending the meetings of the Council or the Committees thereof under sub-section (6) of section 34;
(c) the procedure to be followed in the meetings of the Council under sub-section (4) of section 36.
(3) Every rule made by the Central Government 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 aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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.
(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 and the conditions for providing provident fund and pension fund or insurance scheme under sub-section (1) of section 26;
(b) the travelling and other allowances for the Members for attending the meetings of the Council or the Committees thereof under sub-section (6) of section 34;
(c) the procedure to be followed in the meetings of the Council under sub-section (4) of section 36.
(3) Every rule made by the Central Government 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 aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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.
Section 38 Acts and proceedings not to be invalidated by vacancies, etc.
No act of the Council, or any School or Board or Senate or any other body set up under this Act or the Statutes, shall be invalid merely by reason of—
(a) any vacancy or defect in the constitution thereof; or
(b) any defect in the election, nomination or appointment of a person acting as a Member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
(a) any vacancy or defect in the constitution thereof; or
(b) any defect in the election, nomination or appointment of a person acting as a Member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
Section 39 Returns and information to be provided to Central Government.
Each School shall furnish to the Central Government such returns or other information with respect to its policies or activities as the Central Government may, for the purpose of reporting to Parliament or for the making of policy, from time to time require.
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 such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be, after it is made, be laid before each House of Parliament.
Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be, after it is made, be laid before each House of Parliament.