 the national institutes of food technology, entrepreneurship and management bill, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1short title and commencement2declaration of certain institutes as institutions of national importance3definitions chapter ii the institutes4incorporation of institutes5effect of incorporation of institutes6powers and functions of institutes7institutes to be open to all races, creed and classes8institutes to be not-for-profit legal entity9teaching at institutes chapter iii the authorities of institutes10authorities of institutes11board of governors12powers and functions of board13term of office of, vacancies among, and allowances payable to, members of board14filling of casual vacancy15resignation of members16senate17functions of senate18powers and functions of chairperson19director20registrar21other authorities and officers22appointments23statutes24statutes how made clauses25ordinances26ordinances how made27tribunal of arbitration chapter iv the council28establishment of council29term of office of, vacancies among, and allowances payable to members of council30functions of council31meetings of council chapter v finance, accounts and audit32grants by central government33fund of institutes34accounts and audit35pension, insurance and provident funds chapter vi miscellaneous36acts and proceedings not to be invalidated by vacancies, etc37protection of action taken in good faith38power to make rules39rules, statutes and ordinances to be published in official gazette and to be laidbefore parliament40power to remove difficulties41transitional provisionsthe schedule the national institutes of food technology, entrepreneurship and management bill, 2019 a billto declare certain institutions of food technology, entrepreneurship and management tobe the institutions of national importance and to provide for instructions and research in food technology, entrepreneurship and management and for the advancement of learning and dissemination of knowledge in such branches and for matters connected therewith or incidental theretobe it enacted by parliament in the seventieth  year of the republic of india as follows:— chapter i preliminary(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision2 whereas the objects of the institutes 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 importancedeclaration of certain institutes as institutions of national importance definitions3 in this act, unless the context otherwise requires,—5(a) "board" in relation to an institute means the board of governors referred to in section 11;(b) "chairperson" means the chairperson of the board; (c) "corresponding institute" in relation to an institute mentioned in column (2)of the schedule, means an institute as specified in column (3) of the said schedule;10(d) "council" means the council established under  section 28; (e) "director" means the director of the institute appointed under section 19; (f) "existing institute" means an institute mentioned in column (2) of the schedule; (g) "fund" means the fund of the institute to be maintained under section 33; (h) "institute" means the institute mentioned in column (3) of the schedule;15(i) "member" means a member of the board and includes the chairperson; (j) "notification" means a notification published in the official gazette; (k) "prescribed" means prescribed by rules made under this act; (l) "registrar" means the registrar of the institute appointed under section 20; (m) "schedule" means the schedule appended to this act;20(n) "senate" means the senate of the institute referred to in section 16;21 of 1860(o) "society" means the existing institute registered as a society under the societies registration act, 1860; and(p) "statutes and ordinances" in relation to any institute means the statutes and ordinances of that institute made under this act25 chapter ii the institutesincorporation of institutes304  on and from the date of commencement of this act, each of the institute mentioned in column (3) of the schedule shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued5  on and from the date of commencement of this act,—effect of incorporation of institutes35| (                                                                                  | a   | ) any reference to an existing institute in any other law for the time being in       ||------------------------------------------------------------------------------------|-----|---------------------------------------------------------------------------------------|| force or in any contract or other instrument shall be deemed as a reference to the |     |                                                                                       || corresponding  institute;                                                          |     |                                                                                       || (                                                                                  | b   | ) all properties, movable and immovable, of or belonging to an existing institute     || shall vest in the corresponding institute;                                         |     |                                                                                       || (                                                                                  | c   | ) all rights and liabilities of an existing institute shall be transferred to, and be || the rights and liabilities of the corresponding institute;                         |     |                                                                                       |40 45(d) every person employed by an existing institute immediately before such commencement shall hold his office or service in the corresponding institute, with the same tenure, for 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 had this act not been enacted, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the statutes:5provided 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 and conditions of the contract with the said 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 case of permanent employee and one month's remuneration in the case of other employee:10provided further that any reference, by whatever form of words, to the director or vice-chancellor, and other officers of an existing institute under any law for the time being in force, or any instrument or other document, shall be construed as a reference to the director, and other officers of the corresponding institute;(e) every person pursuing, before commencement of this act, any academic or research course in an existing institute, shall be deemed to have migrated and registered with the corresponding institute, on such commencement at the same level of course in the institute from which such person migrated; and15(f) all suits and other legal proceedings instituted or which could have beeninstituted by or against an existing institute, immediately before the commencement of this act, shall be continued or instituted by or against the corresponding institute6 (1) subject to the provisions of this act, each institute shall exercise the following powers and perform the following functions, namely:—powers and functions of institutes20(a) to provide for instruction and research in such branches of food science andfood technology, and any other branches of engineering, technology, science and management 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, certificates and otheracademic distinctions or titles;25(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 ofstudents;30(f) to supervise and control the discipline of all categories of employees andstudents of the institute and to make arrangements for promoting their health, general welfare, cultural and corporate life;(g) to provide for the maintenance of units of the national cadet corps for thestudents;35(h) to institute academic and other posts and to make appointments theretoexcept the director;(i) to deal with any property belonging to or vested in the institute in suchmanner as the institute may deem fit  for advancing the objects of the institute;40(j) to receive gifts, grants, donations or benefactions from the government andto receive bequests, donations  and transfers of movable or immovable property from testators, donors or transferors, as the case may be;45(k) to co-operate and collaborate with educational or other institutions in anypart 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;(l) to institute and award fellowships, scholarships, exhibitions, prizes and medals;and(m) 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 government5institutes to be open to all races, creed and classes7 (1)  each institute shall be open to all persons irrespective of gender, 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, officers, employees 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 section10(3)  the admission to every academic course or programme of study in each institute shall be based on merit, assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such institute:15provided that nothing in this section shall be deemed to prevent the institute from making special provisions for the employment or admission of women, persons with disabilities or for persons belonging to any socially and educationally backward classes of citizens and, in particular, for the scheduled castes and the scheduled tribes:5 of 200720provided further that each such institute shall be a central educational institution for the purposes of the central educational institutions (reservation in admission) act, 2006institutes to be not-forprofit legal entity8 (1)   each institute shall be a not-for-profit legal entity and no part of the surplus, if any, in revenue of the institute, after meeting all expenditures in regard to its operations under this act, shall be invested for any purpose other than for the growth and development of the institute or for conducting research therein(2) each institute shall strive to raise funds for self-sufficiency and sustainability25teaching at institutes9 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 chapter iii the  authorities of institutes3010 the following shall be the authorities of an institute, namely:—authorities of institutes(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 institute35board of governors11 (1) the board of governors of each institute shall be the principal executive body of that institute(2) the board of each institute shall consist of the following members, namely:—40(a) a chairperson, from amongst eminent persons distinguished in the field offood industry or education or food science or food processing technology or management or public administration or such other field, to be appointed by the central government;(b) the director of the institute- member, ex officio;(c) the chairperson of the food safety andstandards authority of india or his nominee- member, ex officio;45(d) the director-general of the indian council ofagricultural research or his nominee- member,  ex officio;| (                                                        | e          | ) one representative, not below the rank of a    ||----------------------------------------------------------|------------|--------------------------------------------------|| director, of the ministry or department of the central   |            |                                                  || government dealing with food processing industries       | -          |                                                  || 5                                                        |            |                                                  || (                                                        | f          | ) two representatives having special             || in the field of food processing industry to be nominated |            |                                                  || by the central government                                | -          |                                                  || (                                                        | g          | ) one representative from an indian institute of || management                                               | -          |                                                  || (                                                        | h          | ) one representative from an indian institute of || technology                                               | -          |                                                  || 10                                                       |            |                                                  || (                                                        | i          | ) the dean of faculty of the institute, if any   || (                                                        | j          | )  secretary to the government of india in the   || department of higher education or his nominee            | - member,  | ex officio                                       || 15                                                       |            |                                                  || (                                                        | k          | ) three faculty members of the institute from    || amongst professors, associate professors and             |            |                                                  || assistant professors, by rotation of seniority           | - members, | ex officio                                       || (                                                        | l          | ) one nominee of the concerned state             || government not below the rank of  a joint secretary      | -          |                                                  || (                                                        | m          | ) registrar of the institute                     |20(3) the chairperson shall have the power to invite any number of experts, not being members of the board, to attend meetings of the board, but such invitees shall not be entitled to vote at the meetingpowers and functions of board2512 (1) subject to the provisions of this act, the board of each institute shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall exercise all the powers of the institute 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 of each institute shall exercise the following powers and perform the following functions, namely:—30(a) to take decision on questions of policy relating to the administration andworking of the institute;(b) to examine and approve the annual budget estimates of the institute; (c) to examine and approve the plan for development of the institute and toidentify sources of finance for implementation of the plan;35(d) to establish departments, faculties or schools of studies and initiateprogrammes or courses of study at the institute;(e) to set-up centres of food processing studies and allied areas within thecountry after approval of the central government;(f) to grant degrees, diplomas and other academic distinctions or titles, and toinstitute and award fellowships, scholarships, prizes and medals;40(g) to confer honorary degrees in such manner as may be specified by thestatutes;(h) to  grant honorary awards and other distinctions;45(i) to create academic, administrative, technical and  other posts and determine,by statutes, the qualification, classification, terms and conditions of service and method of appointment of such posts;(j) to set-up centres of food processing studies and allied areas outside india in accordance with the guidelines laid down by the central government from time to time and in accordance with the provisions of the laws for the time being in force in such foreign country;5(k) to pay, variable pay to the director of the institute on the basis of performance objectives as may be specified by the statutes;(l) to make, amend and repeal the statutes; (m) to consider and modify or cancel the ordinances; and (n) to  exercise such other powers and perform such other functions as may be conferred on or assigned to it by this act or the statutes10(3) subject to the provisions of this act, the board may, by statutes, delegate such powers and functions of the board to the director as it may deem fit(4) the board shall conduct an annual review of the performance of the director, in the context of the achievements of objects of the institute:15provided that such review shall include performance review of faculty members of the institute on such parameters, periodicity and terms of reference as may be determined by the board20(5) the board shall, through an independent agency or group of experts, within a period of three years from the date of incorporation of the institute, and thereafter at least once every three years, evaluate and review the performance of the institute, including its faculty, on the parameters of long term strategy and rolling plans of the institute and such other parameters as the board may decide and the report of such review shall be placed in public domain25(6) the qualifications, experience and the manner of selection of the independent agency or group of experts, referred to in sub-section (5), shall be such as may be specified by the statutes(7) the report of the evaluation and review under sub-section (5) shall be submitted by the board to the central government along with an action taken report:30provided that the central government may after considering the report, give suggestions to the board for further actions to be taken by it(8) where in the opinion of the chairperson or the director, the situation is so emergent that an immediate decision needs to be taken in the interest of the institute, the chairperson, in consultation with the director, may issue such orders as may be necessary after recording the grounds for his opinion:35provided that such orders shall be submitted for ratification by the board in the next meeting(9) the board shall, in exercise of its powers and discharge of its functions under this act, be accountable to the central government, and the central government may issue directions to the board in public interest on the matters of policy40(10) the board shall have the power to appoint such committees as it considers necessary for the exercise of its powers and performance of its functions under this act13 (1) save as otherwise provided in this section, the term of office of the chairperson or a member, other than an ex officio member, shall be for a period of three years from the date of his appointment or nomination45(2) 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 of the boardterm of office of, vacancies among, and allowances payable to, members of board(3) notwithstanding anything contained in this section, an outgoing member, other than an ex officio member, shall, unless the council otherwise directs, continue in office until another person is nominated as a member in his place or until the expiry of six months whichever is earlier5(4) the members of the board, other than an ex officio member, shall be entitled tosuch allowances, as may be provided by the statutesfilling of casual vacancy14   when a vacancy occurs in the office of the chairperson or member whether by reason of removal, resignation, death or otherwise, such vacancy shall be filled within a period of six months from the date of such vacancy in accordance with the provisions of section 1110resignation of members15 the chairperson or a member, other than an ex officio member, may, by notice in writing under his hand addressed to the central government, resign his office:15provided that the chairperson or a member, other than an ex officio member, shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of six months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliestsenate16 (1) the senate shall be the principal academic body of the institute, consisting of the following persons, namely:—20| (                                                      | a   | ) the director                                     | -          |  chairperson,    | ex officio   | ;   ||--------------------------------------------------------|-----|----------------------------------------------------|------------|------------------|--------------|-----|| (                                                      | b   | ) the registrar                                    | -          | member,          | ex officio   | ;   || (                                                      | c   | ) all full time faculty at the level of professors |            |                  |              |     || appointed or  recognized as such by the institute for  |     |                                                    |            |                  |              |     || the purpose of imparting instructions in the institute | -   | members,                                           | ex officio | ;                |              |     |25| (                                                       | d   | ) three persons, not being employees of the   ||---------------------------------------------------------|-----|-----------------------------------------------|| institute, to be nominated by the board in consultation |     |                                               || with the director                                       |     | from amongst academicians of repute,          || one  each from the fields of food science, management   |     |                                               || and food technology                                     | -   | members; and                                  |30|                      |    | (        | e          | ) such other members of the staff as may be laid   ||----------------------|----|----------|------------|----------------------------------------------------|| down in the statutes | -  | members, | ex officio |                                                   |(2) the term of office of a member nominated under clause (d) of sub-section (1) shall be two years from the date of his nomination(3) 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 member35functions of senate4017 subject to the provisions of this act, the statutes and the ordinances, the senate of an institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other functions as may be conferred on or assigned to it by the statutes18 (1) the chairperson shall ordinarily preside at the meetings of the board and at the convocations of the institutepowers and functions of chairperson(2) it shall be the duty of the chairperson to ensure that the decisions taken by the board are implemented45(3) the chairperson shall exercise such other powers and perform such other functions as may be conferred on or assigned to him by this act or the statutesdirector19 (1) the director shall be appointed by the board(2) the director shall be the principal academic and executive officer of the institute and shall be responsible for the proper administration of the institute and for imparting of instruction and maintenance of discipline therein5(3) the director shall submit annual reports and accounts to the board (4) the director shall exercise such other powers and perform such other functions asmay be conferred on or assigned to him by this act or the statutes or ordinancesregistrar1020 (1) the registrar of each institute shall be appointed on such terms and conditionsas may be laid down by the statutes and shall be the custodian of the records, common seal, funds of the institute and such other property of the institute as the board shall commit to his charge(2) the registrar shall act as the secretary of the board, the senate and such committees as may be specified by the statutes15(3) the registrar shall be responsible to the director for the proper discharge of his functions(4) the registrar shall exercise such other powers and perform such other functions as may be conferred on or assigned to him by this act or the statutes or by the director21 the powers and functions of other authorities and officers, other than those mentioned above, shall be such as may be determined by the statutesother authorities and officers20appointments22 all appointments of the staff of every institute shall be made in accordance withthe procedure laid down in the statutes, by—(a) the board, if the appointment is of the academic staff in the post of assistantprofessor or above or if the appointment is of the non-academic staff in any post which is above level 7 in the pay matrix; and(b) by the director, in any other case25statutes23 subject to the provisions of this act, the statutes may provide for all or any of thefollowing matters, namely:—(a) the conferment of honorary degrees; (b) the formation of departments of teaching;30(c) the fees to be charged for courses of study in the institute and for admissionto the examinations for degrees and diplomas of the institute;(d) the institution of fellowships, scholarships, exhibitions, medals and prizes; (e) the qualifications, classification, terms and conditions of service and methodof appointment to academic, administrative, technical and  other posts;35(f) the constitution of pension, insurance and provident funds for the benefit ofthe officers, teachers and other staff of the institute;(g) the constitution, powers and functions of the authorities of the institute; (h) the establishment and maintenance of halls and hostels;40(i) the conditions for residence of students of the institute and charging of feesfor residence in the halls and hostels and other charges;(j) the manner of filling up the vacancies of members of the board; (k) the allowances to be paid to the chairperson and members of the board; (l) the authentication of  the orders and decisions of the board;(m) the financial accountability of the institute; (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; and5(o) any other matter which, by this act, is required to be, or may be, specified by the statutesstatutes how made24 (1) the first statutes of each institute shall be framed by the council with the previous approval of the central government and a copy of the same shall be laid as soon as may be after they are made before each house of parliament10(2) the board may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereafter provided in this section(3) every new statute or addition to the statutes or any amendment or repeal of statute shall require the previous approval of the central government which may approve it or remit it to the board for consideration15(4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been approved by the central governmentordinances25 subject to the provisions of this act and the statutes, the ordinances of the institute may provide for all or any of the following matters, namely:—(a) the admission of the students to  the institute;20(b) the courses of study to be laid down for all degrees and diplomas of theinstitute;(c) the conditions under which students shall be admitted to the degree ordiploma courses and to the examinations of the institute, and shall be eligible for degrees and diplomas;25(d) the conditions of award of the fellowships, scholarships, exhibitions, medalsand 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 institute; and30(h) any other matter which, by this act or the statutes, is to be or may be provided for by the ordinancesordinances how made26 (1) save as otherwise provided in this section, the ordinances shall be made by the senate35(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 after it is made, 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 ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be40tribunal of arbitration27 (1) any dispute arising out of a contract between the institute and any of itsemployees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee concerned, and an umpire appointed by the central government45(2) the decision of the tribunal of arbitration shall be final, and no suit shall lie in anycivil court in respect of the matters decided by the said tribunal:provided that nothing in this sub-section shall preclude the employee or the institute, as the case may be, from availing the judicial remedies available under articles 32 and 226 of the constitution(3) the tribunal of arbitration shall have power to regulate its own procedure5(4) nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section chapter iv the  councilestablishment of council28 (1) with effect from such date as the central government may, by notification, specify in this behalf, there shall be established a central body to be called the council10(2) the council shall consist of the following members, namely:—|                                                               |    | (                                               | a          | ) the minister in-charge of food processing       ||---------------------------------------------------------------|----|-------------------------------------------------|------------|---------------------------------------------------|| industries, central government                                | -  | chairperson,                                    | ex officio | ;                                                 || 15                                                            |    |                                                 |            |                                                   || (                                                             | b  | ) the minister of the state for food processing |            |                                                   || industries, central government                                | -  | member,                                         | ex officio | ;                                                 || (                                                             | c  | ) chairperson, food safety and standards        |            |                                                   || authority of india                                            | -  | member,                                         | ex officio | ;                                                 || 20                                                            |    |                                                 |            |                                                   || (                                                             | d  | )                                               |            | the secretary to the government of india          || in-charge of the ministry or department of the central        |    |                                                 |            |                                                   || government dealing with finance                               | -  | member,                                         | ex officio | ;                                                 || (                                                             | e  | )                                               |            | the chief executive officer, national institution || for transforming india                                        | -  | member,                                         | ex officio | ;                                                 || 25                                                            |    |                                                 |            |                                                   || (                                                             | f  | )                                               |            | the secretary to the government of india          || in-charge of the ministry or department of the central        |    |                                                 |            |                                                   || government dealing with higher education                      | -  | member,                                         | ex officio | ;                                                 || (                                                             | g  | )                                               |            | three representatives of eminence from food       || processing industry to be nominated by the chairperson        |    |                                                 |            |                                                   || of the council                                                | -  | members;                                        |            |                                                   || 30                                                            |    |                                                 |            |                                                   || (                                                             | h  | )                                               |            | three eminent academicians known for their        || contribution in the field of food processing, to be nominated |    |                                                 |            |                                                   || by the chairperson of the council                             | -  | members;                                        |            |                                                   || (                                                             | i  | ) the secretary to the government of india      |            |                                                   || in-charge of the ministry of the central government           |    |                                                 |            |                                                   || dealing with food processing industries                       | -  | member-secretary,                               |            |                                                   || ex officio                                                    |   |                                                 |            |                                                   || 35                                                            |    |                                                 |            |                                                   |(3)  the central government may, by order, designate one amongst the members as vice-chairperson to the council29 (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 for a period of three years from the date of his nomination40(2) 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 memberterm of office of, vacancies among, and allowances payable to members of council(3) the members of the council referred to in clauses (g) and (h) of sub-section (2) of section 28 shall hold office during the pleasure of the central government45(4) the vacancy of a member of the council, other than an ex officio member, shall be filled up in such manner as may be prescribed(5) 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 so nominated5(6) notwithstanding anything contained in this section, an outgoing member, other than an ex officio member, shall, unless the central government otherwise directs, continue in office until another person is nominated as a member in his place or until the expiry of six months whichever is earlier(7) the members of the council, other than ex officio members, shall be paid such travelling and other allowances as may be provided by the statutes10(8) a member of the council other than an ex officio member may be removed from his office by the central government in such circumstances and manner as may be prescribedfunctions of council30 (1) it shall be the general function of the council to co-ordinate the activities of all the institutes and it shall facilitate the sharing of experiences, ideas and concerns with a view to enhance the performance of the institutes15(2) without prejudice to the provisions of sub-section (1),  the council shall perform the following functions, namely:—(a) to lay down broader policy framework for the functioning of the institutes;20(b) to recommend to the central government, the institution of scholarshipsincluding for research and for the benefit of students belonging to the scheduled castes, the scheduled tribes and other socially and educationally backward classes of citizens;(c) to deliberate on such matters of common interest to institutes as may be referred to it by an institute;(d)  to promote necessary coordination and co-operation in the working of the institutes;25(e) to review the achievement of policy objectives; and (f) to perform such other functions as may be prescribedmeetings of council31 the council shall meet at such time and place and follow such procedure in its meetings (including quorum at such meetings) as may be prescribed30 chapter v finance, accounts and auditgrants by central government3532 for the purpose of enabling the institutes 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 each of the institute in each financial year such sums of money and in such manner as it may think  fit33 (1) each institute shall maintain a fund to which shall be credited,—fund of institutes(a) all moneys provided by the central government; (b) all fees and other charges  received by the institute; (c) all moneys received by the institute by way of grants, gifts, donations,benefactions, bequests or transfers; and(d) all money received by the institute in any other manner or from any othersource(2) all moneys credited to the fund of each institute shall be deposited in such banks or invested in such manner as the institute may, with the approval of the board, decide(3) the fund of each institute shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its functions under this actaccounts and audit534 (1) each institute shall maintain proper accounts and other relevant records andprepare an annual statement of accounts including the balance sheet in such form and manner as may be prescribed by the central government in consultation with the comptroller and auditor-general of india10(2) the accounts of each institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india15(3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of any institute 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 right to demand the production of books, accounts, connected vouchers and other documents  and papers and  to inspect the offices of the institute20(4) the accounts of each institute 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 government35 (1) each institute shall constitute for the benefit of its employees, including the director, in such manner and subject to such conditions as may be specified by the statutes, such pension, insurance and provident funds as it may deem fitpension, insurance and provident funds2519 of 1925(2) where the provident fund referred to in sub-section (1) has been constituted, the central government may declare that the provision of the provident funds act, 1925 shall apply to such fund as if it were a government provident fund chapter vi miscellaneous3036 no act of the council, or any institute, or board, or  senate or any other committee set up under this act or the statutes shall be invalid merely by reason of—(a) any vacancy in, or defect in, the constitution thereof; oracts and proceedings not to be invalidated by vacancies, etc(b) any defect in the nomination or appointment of a person acting  as member thereof; or35(c) any irregularity in its procedure not affecting the merits of the caseprotection of action taken in good faith37 no suit, prosecution or other legal proceeding shall lie against the chairperson or members of the board, senate or council or any officer or employee of the institute for anything which is in good faith done or intended to be done in pursuance of the provisions of this act, the statutes or the ordinances40power to make rules38 (1) the central government may, by notification, make rules to carry out theprovisions 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 of filling up the vacancy under sub-section (                 ||---------------------------------------------|-----|----------------------------------------------------------------------------|| 45                                          |     |                                                                            || (                                           | b   | ) the circumstances and the manner in which a member of the council may be || removed from his office under sub-section ( | 8   | ) of section 29;                                                           |(c) the other functions of the council under clause (f) of sub-section (2) of section 30;(d) the time and place of meeting of the council, its quorum and the procedurefor conducting business therein under section 31;5(e) the form and manner in which the annual statement of accounts including thebalance sheet shall be prepared under sub-section (1) of section 34; and(f) any other matter which is required to be, or may be, prescribed39 (1) every rule, every statute and every ordinance made under this act shall be published in the official gazette10rules, statutes and ordinances to be published in official gazette and to be laid before parliament15(2) every rule, every statute and every ordinance made under this act shall be laid, assoon 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 immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, statute or ordinance or both houses agree that the rule, statute or ordinance should not be made, the rule, statute or ordinance 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, statute or ordinance20power to remove difficulties40 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment 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:25provided that no order shall be made under this section after the expiry of three years from the date of commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament41 notwithstanding anything contained in this act,—transitional provisions30(a) the board of governors of an institute functioning as such immediatelybefore the commencement of this act shall continue to function until a new board is constituted for that institute under this act, but on the constitution of a new board under this act, the members of the existing board holding office before such constitution shall cease to hold office;35(b) until the first statutes and ordinances are made under this act, the statutes and ordinances of the existing institutes, as in force immediately before the commencement of this act, shall continue to apply to the corresponding institutes in so far as they are not inconsistent with the provisions of this act the schedule| [                               | see                                   | section 4]                             ||---------------------------------|---------------------------------------|----------------------------------------|| sl no                         | name of existing institute            | name of corresponding institute        || (1)                             | (2)                                   | (3)                                    || 1                              | national institute of food technology | national institute of food technology, || entrepreneurship and management | entrepreneurship and management,      |                                        || (niftem) kundli, haryana       | kundli, haryana                      |                                        || 2                              | indian institute of food processing   | national institute of food technology, || technology (iifpt) thanjavur,   | entrepreneurship and management,      |                                        || tamil nadu                     | thanjavur, tamil nadu                |                                        | statement of object and reasonspresently, the national institute of food technology, entrepreneurship and management, kundli, state of haryana and the indian institute of food processing technology, thanjavur, state of tamil nadu are societies registered under the societies registration act, 1860 these institutions are separate autonomous bodies exclusively on food processing sector aimed at developing best human resource with an objective of addressing the diverse needs and providing solutions to the challenges faced by stakeholders of the sector including farmers2 the present legislation, namely the national institutes of food technology, entrepreneurship and management bill, 2019 proposes to confer the status of national importance upon the aforesaid institutes this would enable the institutes to exercise the functional autonomy to start new innovative courses and to provide for instructions and research in food technology, entrepreneurship and management and for the advancement of learning and dissemination of knowledge in such branches3 the bill, inter alia, provides for the following, namely:—(i)  on and from the date of commencement of this legislation, each of the existing institute of food technology, entrepreneurship and management being a society shall be declared as an institution of national importance and all the rights and liabilities of the society shall be transferred to the councils of respective institutes(ii) the authorities of institutes are the board of governors, the senate and such other authorities as may be declared by the statutes;(iii) the board of governors of each institute shall be the principal executive body of that institute and shall consist of a chairperson, from amongst eminent persons distinguished in the field of food industry, two representatives distinguished in the food processing industry to be nominated by the central government as members and certain ex officio members;(iv) to co-ordinate the activities of all institutes, there shall be established a central body to be called the council which shall consist of a chairperson, vice- chairperson, three representatives of eminence from food processing industry and three eminent academicians as members and certain ex officio members the minister of food processing industry, central government shall be the chairperson of the council 4 the notes on clauses explain in detail the various provisions contained in the bill 5 the bill seeks to achieve the above objectivesnew delhi;harsimrat kaur badalthe 11th  february, 2019 notes on clausesclause 1—this clause provides for the short title and commencement of the proposed legislationclause 2—this clause provides for declaration of certain institutes as institutions of national importanceclause 3—this clause defines various terms and expressions used in the proposed legislationclause 4—this clause provides for incorporation of institutes clause 5—this clause provides for effects of incorporation of institutes such as any reference to an existing institute shall be deemed as a reference to the corresponding institute, all properties, movable and immovable, of existing institute shall vest in the corresponding institute, all rights and liabilities of an existing institute shall be transferred to, and be the rights and liabilities of the corresponding instituteclause 6—this clause provides for powers and functions of institutes  this clause further provides that an institute shall not dispose of in any manner any immovable property without the prior approval of the central governmentclause 7—this clause provides for institutes to be open to all races, creed and classes this clause further provides that no bequest, donation or transfer of any property shall be accepted by any institute this clause also provides that the admission to every academic course or programme of the study in each institute shall be based on merit, assessed through transparent and reasonable criteriaclause 8—this clause provides that institutes to be not-for-profit legal entity this clause further provides that each institute shall strive to raise funds for self-sufficiency and sustainabilityclause 9—this clause provides for teaching at institutes in accordance with the statutes and ordinances made in this behalfclause 10—this clause provides for authorities of institute, namely a board of governors, a senate and such other authorities as may be declared by the statutes to be the authorities of the instituteclause 11—this clause provides that board of governors of each institute shall be the principal executive body of that institute this clause further provides for composition of the board of governorsclause 12—this clause provides that powers and function of board this clause further provides that board shall be responsible for the general superintendence, direction and control of the affairs of the institute this clause also provides that the board shall conduct an annual review of the performance of the director, in the context of the achievements of the objects of the instituteclause 13—this clause provides for term of office of, vacancies among, and allowances payable to, members of boardclause 14—this clause provides for filling of causal vacancy of chairpersons or members within a period of six months from the date of such vacancyclause 15—this clause provides that chairperson or a member may, by notice in writing resign his officeclause 16—this clause provides for senate, as the principal academic body of the institute, consisting of the director as chairperson and other specified membersclause 17—this clause provides for functions of senate that it shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute this clause further provides that senate shall exercise such other powers and performs such other functions as may be conferred on or assigned to it by the statutesclause 18—this clause provides for powers and functions of chairperson this clause further provides that chairperson shall ensure that the decisions taken by the board are implementedclause 19—this clause provides that director shall be appointed by the board this clause further provides that director shall be the principal academic and executive officer of the institute and shall be responsible for the proper administration of the institute this clause also provides that director shall submit annual reports and account to the boardclause 20—this clause provides that registrar of each institute shall be appointed and shall be custodian of records, common seal, funds and properties of the institute this clause further provides that registrar shall act as the secretary of the board, the senate and such committees as may be specified by the statutes this clause also provides that registrar shall be responsible to the directorclause 21—this clause provides for powers and functions of other authorities and officers, as may be determined by the statutesclause 22—this clause provides for appointments of the staffs by the board and by the directors, as the case may beclause 23—this clause provides that statutes may provide for the conferment of honorary degrees, formation of departments of teaching, fees to be charged for course of study, qualification and terms and conditions of service and method of appointment etcclause 24—this clause provides that first statute shall be framed by the council with the prior approval of the central government and that copy of the same will be laid before each house of parliament this clause further provides that board may make new or additional statutes with the approval of central governmentclause 25—this clause provides for ordinances of the institute, which may provide for matters such as admission of the students, the course of study, conditions of award of fellowships, scholarships, conduct of examination, maintenances of discipline among the students etcclause 26—this clause provides that ordinances shall be made by the senate this clause further provides that board shall have power by resolution to modify or cancel any ordinanceclause 27—this clause provides for tribunal of arbitration this clause further provides that tribunal of arbitration shall have power to regulate its own procedureclause 28—this clause provides for establishment of council this clause further provides for composition of the councilclause 29—this clause provides for term of office of, vacancies among, and allowances payable to, members of councilclause 30—this clause provides for functions of council namely to coordinate the activities of all the institutes and to facilitate the sharing of experiences, ideas and concerns with a view to enhance the performance of the instituteclause 31—this clause provides for meetings council clause 32—this clause provides for grants by central government after due appropriation made by parliament by law in this behalfclause 33—this clause provides for maintenance of funds by the institute, which shall be credited with all moneys provided by central government, all fees and other charges received, and any other money received by the institute and shall be used for meeting expenses of the instituteclause 34—this clause provides for maintenance of proper accounts and audit by the comptroller and auditor-general of india this clause further provides that accounts of each institute as certified by the comptroller and auditor-general of india together with the audit report thereon shall be laid before each house of parliament by the central governmentclause 35—this clause provides for constitution of pension, insurance and provident funds for the benefit of its employees by the instituteclause 36—this clause provides for acts and proceedings not to be invalidated by vacancies etcclause 37—this clause provides for protection of action taken in good faith clause 38—this clause provides for power of the central government to make rules etcclause 39—this clause provides for publication of the rules, statutes and ordinances in the official gazette and to be laid before parliamentclause 40—this clause provides that 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 this clause further provides that such order shall be laid before each house of parliamentclause 41—this clause provides for transitional provisions that the board of governors of the institute functioning immediately before the commencement of this act shall continue to function until a new board is constituted for that institute under this act this clause further provides that until the first statutes and ordinances are made under this act, the statues and ordinances of the existing institutes, as in force immediately before the commencement of this act, shall continue to apply to the corresponding institute in so far as they are no inconsistent with the provisions of this act financial memorandumdeclaring both the existing institutes as institutions of national importance would not involve any additional financial implications memorandum  regarding  delegated  legislationclause 23 of the bill empowers the board, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner provided in clause 242 clause 26 of the bill empowers the senate to frame the ordinances 3 sub-clause (1) of clause 38 of the bill empowers the central government to make rules to carry out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include— (a) the manner of filling up the vacancy under sub-section (4) of section 29; (b) the circumstances and the manner in which a member of the council may be removed from his office under sub-section (8) of section 29; (c) the other functions of the council under clause (f) of sub-section (2) of section 30; (d) the time and place of meeting of the council, its quorum and the procedure for conducting business therein under section 31; (e) the form and manner in which the annual statement of accounts including the balance sheet shall be prepared under sub-section (1) of section 34; and (f) any other matter which is required to be, or may be, prescribed4 clause 40 of the bill empowers the central government to issue an order in a case, if any difficulty arises in giving effect to the provisions of the act5 the matters in respect of which the aforementioned statutes, ordinances and rules may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of the legislative power is, therefore, of a normal character———— abillto declare certain institutions of food technology, entrepreneurship and management to be the institutions of national importance and to provide for instructions and research in food technology, entrepreneurship and management and for the advancement of learning and dissemination of knowledge in such branches and for matters connected therewith or incidental thereto————(smt harsimrat kaur badal, minister of food processing industries)mgipmrnd—3853rs(s3)—12022019