THE NATIONAL INSTITUTES OF TECHNOLOGY ACT, 2007
[Act No. 29 of 2007]
[5th June 2007]
An Act to declare certain institutions of technology to be Institutions of national importance and to provide for instructions and research in branches of engineering, technology, management, education, sciences and arts and for the advancement of learning and dissemination of knowledge in such branches and for certain other matters connected with such institutions.
be it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:--
Section 1. Short title and commencement
(1) This Act may be called the National Institutes of Technology Act, 2007.
(2) It shall come into force on such date1 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. Effective from 15.08.2007 as per Notification No. SO1384(E) dated 09.08.2007.|
Section 2. Declaration of certain Institutions as Institution of national importance
Whereas the objects of the institutions mentioned in the Schedule are such as to make them Institutions of national importance, it is hereby declared that each such institute is an Institution of national importance.
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 the Schedule, means the Institute as specified in column (3) of the Schedule;
(d) "Council" means the Council established under sub-section (1) of section 30;
(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 the 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 the Schedule annexed to the Act;
(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 1980) and mentioned in column (2) of the Schedule; ;
(n) "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
(1) Each of the Institutes mentioned in column (5) of the Schedule shall be a body corporate having perpetual succession and a common seal and shall, by its name, sue and be sued.
(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.
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 month's remuneration in the case of other employee.
Section 6. Power 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 and the Deputy Director;
(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.
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 Institute 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 Institute 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; and
(f) one professor and one assistant professor or a lecturer of the Institute to be nominated by the Senate.
Section 12. Terms 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 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;
(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 shall be entitled to any salary by reason of this clause.