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INSTITUTES OF TECHNOLOGY ACT

Ministry of Law and Justice

Act nº 59 of 1961


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter III
  • Schedules
  • Amending Acts
  • Act nº 59 of 1961

Preamble

THE INSTITUTES OF TECHNOLOGY ACT, 1961

[Act, No. 59 of 1961]

[19th December, 1961]

PREAMBLE

An Act to declare certain institutions of technology to be institutions of national importance and to provide for certain matters connected with such institutions and the Indian Institute of Technology, Kharagpur.

BE it enacted by Parliament in the Twelth Year of the Republic of India as follows:---

Chapter I

Section 1. Short title and commencement

(1) This Act may be called the Institutes of Technology Act, 1961.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.

Section 2. Declaration of certain institutions as institution of national importance



Whereas the objects of the institutions known as the Indian Institute of Technology, Bombay,1[the College of Engineering and Technology, Delhi,]2[the Indian Technology Guwahati, Assam] the Indian Institute of Technology, Kanpur and the Indian Institute of Technology, Madras3[and the Indian Institute of technology, Roorkee] are such as to make them institutions of national importance, of national importance, it is hereby declared that each such institution is an institution of national importance.

1. Inserted by the Institutes of Technology (Amendment) Act, 1963, w.e.f. 13-09-1963.

2. Inserted by the Institute of Technology (Amendment) Act, 1994, w.e.f. 01-09-1994.

3. Inserted by the Institute of Technology (Amendment) Act, 2002, w.e.f. 21-09-2001.


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) "Chairman" means the Chairman of the Board;

(c) "corresponding Institute" means,---

(i) in relation to the society known as the Indian Institute of Technology, Bombay, the Indian Institute of Technology Bombay;

1[(ia) in relation to the society known as the College of Engineering and Technology, Delhi, the Indian Institute of Technology, Delhi;]

2[(ib) in relation to the society known as the Indian Institute of Technology Guwahati, Assam, the Indian Institute of Technology, Guwahati.]

(ii) in relation to the society known as the Indian Institute of Technology (Kanpur) Society, the Indian Institute of Technology, Kanpur,3[***]

(iii)in relation to the society known as the Indian Institute of Technology, Madras, the Indian Institute of Technology Madras;4[and]

(iv)4[in relation to the University of Roorkee, Roorkee, the Indian Institute of Technology, Roorkee]

(d) "Council" means the Council established under subsection (1) of section 31;

(e) "Deputy Director", ion 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 ion section 2 and includes the Indian Institute of Technology, Kharagpur, incorporate under the Indian Institute of Technology (Kharagpur) Act, 1956 (5 of 1956);

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

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

(j) "society" means any of the following societies registered under the Societies Registration Act, 1860, (21 of 1860) namely:---

(i) the Indian Institute of Technology, Bombay;

1[(ia) the College of Engineering and Technology, Delhi;]

2[(ib) the Indian Institute of Technology, Guwahati Assam,]

(ii) the Indian Institute of Technology, (Kanpur) Society;

(iii) the Indian Institute of Technology, Madras;

(k)"Statutes" and "Ordinances", in relation to any Institute, mean the Statutes and Ordinances of the Institute made under this Act.

4[(l) "University of Roorkee" means the University of Roorkee established under the Roorkee University Act, 1947]

1. Inserted by the Institutes of Technology (Amendment) Act, 1963, w.e.f. 13-09-1963.

2. Inserted by the Institute of Technology (Amendment) Act, 1994, w.e.f.01-09-1994.

3. word "and" omitted by the Institute of Technology (Amendment) Act, 2002, w.e.f. 21-09-2001.

4.The word "and" and clauses 3(c) (iv) and 3(1) inserted by the Institute of Technology (Amendment) Act, 2002, w.e.f. 21-09-2001.


Chapter II

Section 4. Incorporation of institutes

(1) Each of the Institutes mentioned in section 2 shall be a body corporate having perpetual succession and a common seal and seal, by its name, sue and be sued.

1[(1A) The College of Engineering and Technology, Delhi shall, on such incorporation be called the Indian Institute of Technology, Delhi.]

2[(1B) the Indian Institute of Technology Guwahati Assam shall on such incorporation be called the Indian Institute of Technology Guwahati.]

3[(1C) The University of Roorkee, Roorkee shall, on such incorporation, be called the Indian Institute of Technology, Roorkee]

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

1. Inserted by the Institutes of Technology (Amendment) Act, 1963, w.e.f. 13-09-1963.

2. Inserted by the Institute of Technology (Amendment) Act, 1994, w.e.f.01-09-1994.

3. Inserted by the Institute of Technology (Amendment) Act, 2002, w.e.f. 21-09-2001.


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 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 by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privilege a to pension, leave, gratuity, provident fund and other matters as he would have held the same 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 alternation so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on 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 ion the case of permanent employees and one month's remuneration in the case of other employees.

1[Explanation- The reference in the section to the commencement of this Act shall be construed in relation to the Indian Institute of Technology Guwahati as the reference to the date on which the provisions of the Institutes of Technology (Amendment) Act 1994 come into force.]

1. Inserted by the Institute of Technology (Amendment) Act, 1994, w.e.f.01-09-1994.


Section 5A. Effect of incorporation of Institute of Technology Roorkee





1[Effect of incorporation of Institute of Technology Roorkee

On and from the commencement of the Institutes of Technology (Amendment) Act, 2002,--

(a) any reference to the University of Roorkee in any law (other than this Act) or in any contract or other instrument shall be deemed as a reference to the Indian Institute of Technology, Roorkee;

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

(c) all rights and liabilities of the University of Roorkee shall be transferred to, and be the rights and liabilities of, the Indian Institute of Technology, Roorkee;

(d) every person employed by the University of Roorkee immediately before such commencement shall hold his office or service in the Indian Institute of Technology, Roorkee 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 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 Indian Institute of Technology, Roorkee in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the Indian Institute of Technology, Roorkee of compensation equivalent to three months' remuneration in the case of permanent employees and one month's remuneration in the case of other employees:

Provided further that any reference, by whatever form of words, to the Vice-Chancellor and Pro-Vice-Chancellor of the University of Roorkee in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Director and the Deputy Director, respectively, of the Indian Institute of Technology, Roorkee; and

(e) on the commencement of the Institutes of Technology (Amendment) Act, 2002, the Vice-Chancellor of the University of Roorkee, appointed under the provisions of the Roorkee University Act, 1947 (U.P. Act IX of 1948) shall be deemed to have been appointed as Director under the Act, and shall hold office for a period of three months or till such time the Director is appointed, whichever is earlier.

Explanation--The reference in this section to the commencement of this Act shall be construed in relation to the Indian Institute of Technology, Roorkee as the reference to the date on which the provisions of the Institutes of Technology (Amendment) Act, 2002 come into force.]

1. Inserted by the Institute of Technology (Amendment) Act, 2002, w.e.f. 21-09-2001.


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, 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 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 an 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 and to make appointments thereto (except in the case of the Director);

(I) to frame Statutes and Ordinance 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 for 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; and

(n) 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 Visitor.

Section 7. Institutes to be open to all races, creeds and classes

(1) Every Institute shall be open to persons of either sex an of whatever race, creed, caste or class, and n 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 Institute

All teaching at each of the Institutes shall be conducted by or in the name of the Institute ion 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.

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 an Institute shall consist of the following persons, namely;

(a) the Chairman, to be nominated by the Visitor;

(b) the Director, ex officio;

(c) one person to be nominated by the Government of each of the States comprising the zone in which the Institute situated, from among persons who, in the opinion of that Government, are technologists or industrialists of repute;

(d) four persons having special knowledge or practical experience in respect of education, engineering or science, to be nominated by the Council; and

(e) two professors of the Institute, to be nominated by the Senate.

Explanation.---In this section, the expression "Zone" means a Zone as for the time being demarcated by the All-India Council for Technical Education for the purposes of this Act.