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INSTITUTES OF TECHNOLOGY (AMENDMENT) ACT, 2002

Ministry of Law and Justice

Act nº 16 of 2002


  • Act nº 16 of 2002

Preamble

THE INSTITUTES OF TECHNOLOGY (AMENDMENT) ACT, 2002

(AS PASSED BY THE HOUSES OF PARLIAMENT)

[Act No. 16 of 2002]

[28th March, 2002

PREAMBLE

An Act further to amend the Institutes of Technology Act, 1961.

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

Section 1. Short title and commencement

(1) This Act may be called the Institutes of Technology (Amendment) Act, 2002.

(2) It shall be deemed to have come into force on the 21 st day of September, 2001.

Section 2. Amendment of section 2

In section 2 of the Institutes of Technology Act, 1961 (59 of 1961) (hereinafter referred to as the principal Act), for the words "Kanpur and the Indian Institute of Technology, Madras", the words "Kanpur, the Indian Institute of Technology, Madras and the Indian Institute of Technology, Roorkee" shall be substituted.

Section 3. Amendment of section

In section 3 of the principal Act,--

(a) in clause (c),--

(i) the word "and" appearing at the end of sub-clause (ii) shall be omitted;

(ii) in sub-clause (iii), after the words "the Indian Institute of Technology, Madras;", the word "and" shall be inserted; and

(iii) after sub-clause (iii), the following sub-clause shall be inserted, namely:--

"(iv) in relation to the University of Roorkee, Roorkee, the Indian Institute of Technology, Roorkee;";

(b) after clause (k), the following clause shall be inserted, namely:--

'(l) "University of Roorkee" means the University of Roorkee established under the Roorkee University Act, 1947 (U.P. Act IX of 1948).'.

Section 4. Amendment of section 4

In section 4 of the principal Act, after sub-section (IB), the following sub-section shall be inserted, namely:--

"(IC) The University of Roorkee, Roorkee shall, on such incorporation, be called the Indian Institute of Technology, Roorkee".

Section 5. Insertion of new section 5A

After section 5 of the principal Act, the following section shall be inserted, namely;--

"5A. 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.".

Section 6. Amendment of section 38

In section 38 of the principal Act,--

(a) after clause (d), the following clauses shall be inserted, namely:--

"(e) the Syndicate of the University of Roorkee functioning as such immediately before the commencement of this Act shall continue to so function until a new Board is constituted for the Indian Institute of Technology, Roorkee under this Act, but on the constitution of a new Board under this Act, the members of the Syndicate holding office before such constitution shall cease to hold office;

(f) the Academic Council of the University of Roorkee functioning as such immediately before the commencement of this Act shall continue to so function until a new Senate is constituted for the Indian Institute of Technology, Roorkee under this Act, but on the constitution of a new Senate under this Act, the members of the Academic Council holding office before such constitution shall cease to hold office;

(g) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology, Roorkee are made under this Act, the Statutes and Ordinances of the Indian Institute of Technology, Bombay as in force immediately before the commencement of the Institutes of Technology (Amendment) Act, 2002 shall apply to the Indian Institute of Technology, Roorkee with the necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this Act;

(h) notwithstanding anything contained in the Institutes of Technology (Amendment) Act, 2002, any student who joined classes of the University of Roorkee on or after the commencement of 1994-95 academic session shall, for the purpose of clause (b) of sub-section (1) of section 6, be deemed to have pursued a course of study in the Indian Institute of Technology, Roorkee provided that such student has not already been awarded degree or diploma for the same course of study;

(i) if any difficulty arises in giving effect to the provisions of the Institutes of Technology (Amendment) Act, 2002, 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 be necessary for removing the difficulty:

Provided that no order shall be made under this clause after the expiry of two years from the commencement of the Institutes of Technology (Amendment) Act, 2002:

Provided further that every order made under this clause shall be laid, as soon as may be after it is made, before each House of Parliament.".

(b) Explanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted, namely:--

"Explanation 2.--The reference in clauses (e) and (f) of 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.".

Section 7. Repeal and savings

(1) The Roorkee University Act, 1947 (U.P. Act IX of 1948) is hereby repealed.

(2) The provisions of the General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of the said Act as if the said Act were a Central Act.

(3) The Institutes of Technology (Amendment) Second Ordinance, 2001 (Ord. 10 of 2001) is hereby repealed.

(4) Notwithstanding such repeal, anything done or any action taken under the repealed Ordinance shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.