THE NATIONAL INSTITUTE OF FASHION TECHNOLOGY ACT, 2006
[Act, No. 28 Of 2006][13 th July, 2006]
AN ACT to establish and incorporate the National Institute of Fashion Technology for the promotion and development of education and research in fashion technology and for matters connected therewith and incidental thereto.
BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:--
Section 1. Short title and commencement
(1) This Act may be called the National Institute of Fashion Technology Act, 2006.
(2) 1 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.
|1. Enfrorcement date for the Act vide Notification No: SO2159(E) is 01.04.2007.|
Section 2. Definitions
In this Act, unless the context otherwise requires, --
(a) "appointed day" means the date of establishment of the National Institute of Fashion Technology under sub-section (1) of section 3;
(b) "Board" means the Board of Governors of the Institute constituted under sub-section (3) of section 3;
(c) "Chairperson" means the Chairperson of the Institute nominated under clause (a) of sub-section (3) of section 3;
(d) "Director-General" means the Director-General of the Institute appointed under section 15;
(e) "fashion" includes a popular trend or a lifestyle, specially in styles of dress and ornament or manners of behaviour or the business of creating, promoting or studying styles in vogue or the designing, production and marketing of new styles of goods such as, clothing, accessories, craft and cosmetics; and the words "fashion technology" with their grammatical variations and cognate expressions, shall be construed accordingly;
(f) "Fund" means the Fund of the Institute to be maintained under section 19;
(g) "Institute" means the National Institute of Fashion Technology established under sub-section (1) of section 3;
(h) "Institute Campus" means an Institute Campus located at New Delhi, Gandhinagar, Chennai, Mumbai, Hyderabad, Bangalore, Kolkata or any other place in India or abroad as may be decided by the Board of Governors;
(i) "Senate" means the Senate of the Institute referred to in section 12;
(j) "Society" means the National Institute of Fashion Technology, New Delhi registered as a society under the Societies Registration Act, 1860 (21 of 1860);
(k) "Statutes" and "Ordinances" mean respectively the Statutes and the Ordinances of the Institute made under this Act.
Section 3. Establishment of the Institute
(1) With effect from such date as the Central Government may, by notification in the Official Gazette appoint, the National Institute of Fashion Technology shall be established as a body corporate by the name aforesaid.
(2) The Institute shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue or be sued.
(3) The Institute shall consist of the Board of Governors having the following persons, namely:--
(a) a Chairperson, who shall be an eminent academician, scientist or technologist or professional, to be nominated by the Visitor;
(b) three Members of Parliament, two from Lok Sabha to be nominated by the Speaker of Lok Sabha and one from Rajya Sabha to be nominated by the Chairman of Rajya Sabha;
(c) the Director-General of the Institute, ex officio;
(d) the Financial Adviser of the Ministry of Department in the Government of India dealing with the National Institute of Fashion Technology, ex officio;
(e) the Joint Secretary, in the Ministry or Department in the Government of India dealing with the National Institute of Fashion Technology, ex officio;
(f) the representative of the Ministry or Department in the Government of India dealing with higher education to be nominated by the Secretary of that Ministry or Department, ex officio;
(g) five persons to be nominated by the Central Government, representing the States in which the campus of the Institute is located, from amongst persons who are academicians or industrialists of repute engaged in area of fashion technology; and
(h) two eminent experts in fashion technology, one of whom shall be an educationist, to be nominated by the Visitor on the recommendations of the Central Government.
(4) The term of office of the Chairperson and other members of the Board other than ex officio members thereof shall be three years and they shall be entitled for such allowances as may be determined by the Central Government.
(5) The term of office of members of the Board nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated.
(6) The Board shall meet at least four times in a year at such place and time and observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by the Board.
(7) It is hereby declared that the office of member of the Board of Governors shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.
Section 4. Vesting of properties
On and from the appointed day, subject to the other provisions bf this Act, all properties which had vested in the Society, immediately before the commencement of this Act, shall on and from such commencement, vest in the Institute.
Section 5. Effect of incorporation of Institute
On and from the appointed day --
(a) any reference to the Society in any contract or other instrument shall be deemed as a reference to the Institute;
(b) all the rights and liabilities of the Society shall be transferred to, and be the rights and liabilities of, the Institute; and
(c) every person employed by the Society, immediately before the appointed day, shall hold office or service in the Institute 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 be so, unless and until his employment is terminated or until such tenure, remuneration, 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 the 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. Functions of Institute
The functions of the Institute shall be --
(i) to nurture and promote quality and excellence in education and research in area of fashion technology;
(ii) to lay down courses leading to graduate and post-graduate degrees, doctoral and post-doctoral courses and research in area of fashion technology;
(iii) to hold examinations and grant degrees in area of fashion technology;
(iv) to confer honorary degrees, awards or other distinctions in area of fashion technology;
(v) to cooperate 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 faculty members and scholars and generally in such manner as may be conducive to their common objective;
(vi) to conduct courses for teachers, fashion technologists and other professionals;
(vii) to undertake research and studies in area of fashion technology and application thereof, particularly concerning the integration of locally produced materials, the requirements of mass production, improved quality and design and international marketing;
(viii) to collect and maintain literature and materials available in area of fashion technology so as to develop a modern information centre within the country;
(ix) to create a central faculty of fashion technology resource and analysis for use by the researchers;
(x) to have a centre to experiment and innovate and to train persons in the area of fashion technology;
(xi) to develop an international centre for creation and transmission of information in the area of fashion technology, with focus on educational, professional and industrial commitments;
(xii) to develop a multi-disciplinary approach in carrying out research and training in area of fashion technology so that the larger interests of the profession, academia and fashion industry are better served;
(xiii) to organise national or international symposia, seminars, conferences and exhibitions in selected area of fashion technology, from time to time;
(xiv) to arrange courses catering to the special needs of the developing countries;
(xv) to act as a nucleus for interaction between academia and industry by encouraging exchange of fashion technologists and other technical staff between the Institute and the industry and by undertaking sponsored and funded research as well as consultancy projects by the Institute;
(xvi) to provide technical assistance to artisans, craftsmen, manufacturers, designers and exporters of fashion products; and
(xvii) to carry out any other activity in the area of fashion technology not specifically listed above,
Section 7. Powers of Board
(1) Subject to the provisions of this Act, the Board, under overall control of the Central Government, shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall exercise all the powers 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 shall -
(a) take decisions on questions of policy relating to the administration and working of the Institute;
(b) take decisions on the establishment of new campuses of the Institute at any location in India or abroad;
(c) fix, demand and receive fees and other charges;
(d) establish, maintain and manage halls and hostels for the residence of the students;
(e) 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;
(f) institute academic and other posts and to make appointments thereto (except in the case of the Director-General);
(g) frame Statutes and Ordinances and to alter, modify or rescind the same;
(h) institute and award fellowships, scholarships, prizes and medals;
(i) 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 together with a statement of its development plans;
(j) receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from the testators, donors or transferors, as the case may be; and
(k) do all such things as may be necessary, incidental or conducive to the attainment of all or any of the aforesaid powers.
(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.
(4) Notwithstanding anything contained in sub-section (2) of section 3, the Board shall not dispose of in any manner any immovable property without the prior approval of the Central Government.
(5) The Central Government may appoint one or more persons to review the work and progress of the Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Central Government may direct;
(6) Upon receipt of any such report, the Central Government may take such action and issue such directions as it 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.
(7) The Visitor shall have the power to remove the Chairperson or other members of the Board nominated by him, on the recommendations of the Central Government.
(8) The Central Government shall have the power to remove other members, if it considers it appropriate to do so.
(9) No Chairperson or member shall be removed under sub-section (1) or sub-section (8) unless he has been given a reasonable opportunity of being heard in the matter.
Section 8. Institute be open to all races, creeds and classes
(1) The 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 the Institute, which in the opinion of the Board involves conditions or obligations opposed to the spirit and object of this section.
Section 9. Teaching at Institute
All teaching at the campuses of the Institute shall be conducted by or in the name of the Institute in accordance with the Statutes and the Ordinances made in this behalf.
Section 10. Visitor
The President of India shall be the Visitor of the Institute.
Section 11. Authorities of Institute
The following shall be the authorities of the 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 12. Senate
The Senate of the Institute shall consist of the following persons, namely:--
(a) the Director-General, ex officio who shall be the Chairperson of the Senate;
(b) all Institute Campus Directors and Senior Professors;
(c) three persons, not being employees of the Institute, to be nominated by the Chairperson in consultation with the Director-General, from amongest educationists of repute, one each from the fields of science, engineering and humanities and one of them shall be either from the Scheduled Castes or the Scheduled Tribes;
(d) one alumnus of the Institute to be nominated by the Chairperson in consultation with the Director-General by rotation; and
(e) such other members of the staff as may be laid down in the Statutes.