 bill, 2017—————— arrangement of clauses—————— clauses chapter i preliminary1 short title and commencement 2 declaration of footwear design and development institute as an institution of nationalimportance3 definitions chapter ii the institute4 establishment of institute 5 vesting of properties 6 effect of incorporation of institute7 functions of institute 8 powers of governing council 9 institute be open to all races, creeds and classes10 teaching at institute 11 visitor 12 authorities of institute 13 the senate 14 functions of senate 15 functions, powers and duties of chairperson 16 managing director 17 secretary 18 executive director 19 power and duties of other authorities and officers 20 grants by central government clauses21 funds of institute 22 setting up of endowment fund 23 accounts and audit 24 pension and provident fund 25 appointment 26 statutes 27 statutes how made 28 ordinances 29 ordinance how made 30 tribunal of arbitration chapter iii miscellaneous31 act and proceedings not to be invalidated by vacancies 32 sponsored schemes 33 power of institute to grant degree, etc 34 institute to be public authority under the right to information act, 2005 35 power of central government to make rules 36 returns and information to be provided to central government 37 transitional provisions 38 statute and ordinance to be published in the official gazette andto be laid before parliament39 power to remove difficultiesthe schedule bill no 45 of  2017 the footwear design and development  institute bill, 2017 a billto establish and declare the footwear design and development institute as an institution of national importance for the promotion and development of quality and excellence in education, research and training in all disciplines relating to footwear and leather products design and development and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminaryin the official gazette, appoint; and different dates may be appointed for different provisions of this act and any reference to the commencement in any such provision of this act shall be construed as a reference to the commencement of that provision2 whereas the objects of the institution known as the footwear design and development institute, are such as to make it the institution of national importance, it is hereby declared that the footwear design and development institute is an institution of national importancedeclaration of footwear design  and development institute as an institution of national importance definitions53 in this act, unless the context otherwise requires,—(a) "chairperson" means the chairperson of the institute nominated under clause (a) of sub-section (3) of section 4;10(b) "design" means a rational, logical and sequential innovation process for the purposes of transferring culture to viable products and services in footwear and leather products, including fashion and retail thereof and for providing a competitive edge to products and services;15(c) "development" means the systematic use of scientific and technical knowledge to meet specific objective or requirements and includes an extension of the theoretical or practical aspects of concepts, design, discovery and invention including business thereof;(d) "executive director" means the executive director of the institute campus appointed under section 18;(e) "fund" means the fund of the institute to be maintained under section 21;20(f) "governing council" means the governing council of the institute constituted under sub-section (3) of section 4;(g) "institute" means the footwear design and development institute established under sub-section (1) of section 4;(h) "institute campus" means an institute campus specified in the schedule;25(i) "leather products" includes a product made of leather or any other material or combination thereof;(j) "managing director" means the managing director of the institute appointed under section 16;(k) "member" means a member of the governing council and includes the chairperson;30(l) "notification" means a notification published in the official gazette; (m) "prescribed" means prescribed by rules made under this act; (n) "schedule" means the schedule appended to this act; (o) "secretary" means the secretary of the institute appointed under section 17;(p) "senate" means the senate of the institute referred to in section 13;35 21 of 1860(q) "society" means the footwear design and development institute registered under the societies registration act, 1860;(r) "statutes" and "ordinances" mean respectively the statutes and the ordinances of the institute made under this act chapter ii the instituteestablishment of institute4 (1) on and from the date of commencement of this act, the footwear design and development institute shall be established as a body corporate by the name aforesaid5(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 a governing council having the following members, namely:—10(a) a chairperson, who shall be an eminent academician, scientist, or industrialistfrom leather sector, to be nominated by the central government;(b) the managing director, ex officio;(c) the joint secretary in the ministry or department in the government of indiadealing with footwear design and development institute, ex officio;15(d) the joint secretary in the ministry or department in the government of indiadealing with the leather, retail or fashion sector, ex officio;(e) the director finance of the ministry or the department in the government ofindia dealing with footwear design and development institute, ex officio;20(f) a representative of ministry or department  in the government of indiadealing with skill development and entrepreneurship, ex officio;25(g) four professionals or industrialists to represent the council for leather exports, the indian leather garments association, the indian footwear components manufacturers association, and the confederation of indian industry national committee on leather, footwear and leather products, to be nominated by the central government; and(h) one person each from the national institute of fashion technology, national institute of design, the central leather research institute, the indian institute of technology and the indian institute of management, to be nominated by the central government30(4) the term of office of the chairperson and other members, 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 the members nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated35(6) the governing council shall meet at least two 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 governing council(7) save as otherwise provided in this section, the term of office of an ex officiomember shall continue as long as he holds the office by virtue of which he is a member40vesting ofproperties5 on and from the date of commencement of this act, subject to the other provisionsof 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 institute6 on and from the date of commencement of this act,—effect ofincorporation of  institute(a) any reference to the society in any contract or other instrument shall bedeemed as a reference to the institute;45(b) all the rights and liabilities of the society shall be transferred to, and be the rights and liabilities of, the institute;5(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:1015provided 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;20(d) every person pursuing, before the date of commencement of this act, any academic or research course in existing institute campus, shall be deemed to have migrated and registered with the corresponding institute campus on such commencement at the same level of study in the institute campus from which such person migrated; and(e) all suits and other legal proceedings instituted or which could have been instituted by or against the society, immediately before the commencement of this act shall be continued or instituted by or against the institute7 the functions of the institute shall be—functions of institute25(i) to nurture and promote quality and excellence in education and research inthe areas of footwear and leather products design and development and allied fields thereof;(ii) develop and conduct courses leading to graduate and post-graduatedegrees, doctoral and post-doctoral courses and research in the areas of footwear and leather products design and development and allied fields thereof;30(iii) to hold examinations and grant degrees, diplomas, certificates, or any otherqualification;(iv) to institute fellowships, scholarships and confer awards, honorary degreesor other academic distinctions or titles;35(v) to co-operate, associate and collaborate  with educational or otherinstitutions, research organisations or bodies corporate  in any part of the world having objects wholly or partly similar to those of the institute by exchange of faculty members, students, staff and scholars and generally in such manner as may be conducive to their common objective;40(vi) to conduct courses for teachers, technologists and other professionals inthe areas of footwear and leather products design and development and allied fields thereof;(vii) to undertake research, survey, and studies and application thereof, forimproved quality and design, testing, and international marketing;45(viii) to provide consultancy, testing, inspection, certification, projectimplementation and design support to the institutions and industries in any part of the world;(ix) to develop an international centre for creation and transmission ofinformation, with focus on educational, professional and industrial commitments;(x) to conduct skill development programs and to provide technical assistanceto artisans, craftsmen, manufacturers, designers and exporters;5(xi) to design, develop, amend, update curriculums of the academic programsand training materials as per the sector's requirement and change of technology;(xii) to acquire any patent or license relating to such invention, improvement ordesign or standardisation marks whether for general or specific purposes;10(xiii) to establish, form and maintain museums, libraries and collections ofliterature and films, slides, photographs, prototypes and other information;(xiv) to function as a national resource centre for curriculum development,training the trainers and support skill development in the leather sector overall;(xv) to frame the statutes and the ordinances and to alter, modify or rescind thesame; and15(xvi) to do all such things as may be necessary, incidental or conducive to theattainment of all or any of the objects of the institutepowers of governing council208 (1) subject to the provisions of this act, the governing council, 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 governing council shall—25(a) take decisions on questions of policy relating to the administration andworking of the institute;(b) institute academic and other posts and to make appointments thereto (exceptin the case of the managing director, secretary and executive director);(c) frame the statutes and the ordinances and to alter, modify or rescindthe same;30(d) consider and pass resolutions on the annual report, the annual auditedaccounts and the budget estimates of the institute for the next financial year as it thinks fit together with a statement of its development plans;35(e) receive gifts, grants, donations or benefactions from the government and toreceive bequests, donations and transfers of movable or immovable properties from the testators, donors or transferors, as the case may be; and(f) do all such things as may be necessary, incidental or conducive to theattainment of all or any of the aforesaid powers40(3) the governing council 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 4, the governing council 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 direct5(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 central government shall have the power to remove chairperson or other members or reconstitute the governing council, if it considers it appropriate to do so(8) no chairperson or member shall be removed under sub-section (7) unless he has been given a reasonable opportunity of being heard in the matter10institute beopen  to  allraces,  creedsand classes9 (1) the institute shall be open to persons of all 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 whatsoever15(2) no bequest, donation or transfer of any property shall be accepted by the institute,which in the opinion of the governing council involves conditions or obligations opposed to the spirit and object of this sectionteaching atinstitute10 all teaching at the campuses of the institute shall be conducted by or in the nameof the institute in accordance with the statutes and the ordinances made in this behalfvisitor11 the president of india shall be the visitor of the institute2012 the following shall be the authorities of the institute, namely:—authorities of institute(a) a governing council; (b) a senate; and (c) such other authorities as may be declared by the statutes to be the authoritiesof the institutethe senate2513 the senate of the institute shall consist of the following persons, namely:—(a) the managing director, ex officio who shall be the chairperson of the senate; (b) the secretary, ex officio;(c) the executive directors of all institute campus, ex officio;(d) all senior professors of the institute;30(e) three persons, not being employees of the institute, to be nominated by thechairperson in consultation with the managing director, from amongst educationists of repute, from the fields of footwear, science, engineering and humanities and one of them shall be woman;35(f) one alumnus of the institute to be nominated by the chairperson inconsultation with the managing director by rotation; and(g) such other members of the staff as may be laid down in the statutesfunctions of senate4014 (1) subject to the provisions of this act, the statutes and the ordinances, thesenate of the institute shall be the principal academic body of the institute and shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examinations in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes(2) without prejudice to the provisions of sub-section (1), the senate shall have the following powers, namely:—(a) to specify the criteria and process for admission to courses or programmesof study by the institute;45(b) to recommend to the governing council for creation of teaching and other academic posts, determination of number and emoluments of such posts and defining the duties and conditions of service of teachers and other academic posts;5(c) to recommend to the governing council for commencement of newprogrammes and course of study;(d) to specify academic contents of programmes and course of study and toundertake modifications therein;(e) to specify the academic calendar and approve grant of degrees, diplomasand other academic distinctions or titles; and10(f) to exercise such other powers and discharge such other functions as may beassigned to it, by statutes or by the governing council15 (1) the chairperson shall ordinarily preside at the meetings of the governing council and at the convocations of the institutefunctions, powers and duties of chairperson15(2) the chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes(3)the chairperson shall have the authority to review periodically the work and progress of the institute and to order enquiries into the affairs of the institutemanaging director2016 (1) the managing director of the institute shall be appointed by the central government for a tenure of five years and on such terms and conditions of services as may be prescribed(2) the managing director shall be the principal 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 therein25(3) the managing director shall exercise such other powers and perform such other duties as may be assigned to him by this act, the statutes and the ordinances or delegated by the governing council or the senate(4) the managing director shall submit annual reports and accounts to the governing council30(5) the central government shall have the power to remove the managing director before the tenure of five years, if it considers it appropriate to do so on the grounds of misconduct or incapacity after giving him an opportunity of being heard in the matter(6) the managing director shall be responsible for the implementation of the decision of the governing council and the senatesecretary3517 (1) the secretary of the institute shall be appointed by the central government for a tenure of five years and on such terms and conditions of service as may be prescribed(2) the secretary shall act as the secretary of the governing council, the senate and such committees as may be specified by the statutes(3) the secretary shall be responsible to the managing director for the proper discharge of his functions40(4) the secretary shall exercise such other powers and perform such other duties asmay be assigned to him by this act or the statutes or the managing directorexecutive director4518 (1) the executive director of each institute campus shall be appointed by the central government for a tenure of five years and on such terms and conditions as may be prescribed and shall exercise such powers and perform such duties as may be assigned to him by this act or the statutes or by the managing director(2) the executive director shall be the principal academic and executive officer of the institute campus and shall be responsible for the implementation of the decision of the governing council and the senate and the day-to-day administration of the institute campus in consultation with the managing director519 the powers and duties of authorities and officers, other than those hereinbefore mentioned, shall be determined by the statutes| power                                                                                          | and   ||------------------------------------------------------------------------------------------------|-------|| duties of other                                                                                |       || authorities and                                                                                |       || officers                                                                                      |       || grants                                                                                         | by    || central                                                                                        |       || government                                                                                    |       || 10                                                                                             |       || 20                                                                                            |       || for the purpose of enabling the institute to discharge its functions efficiently               |       || under this act, the central government may, after due appropriation made by parliament by      |       || law in this behalf, pay to the institute in each financial year such sums of money and in such |       || manner as it may think fit                                                                    |       |21 (1) the institute shall maintain a fund to which shall be credited—| funds                                                                             ||-----------------------------------------------------------------------------------|| institute                                                                        || (                                                                                 || a                                                                                 || ) all moneys provided by the central government;                                  || (                                                                                 || b                                                                                 || ) all fees and other charges received by the institute;                           || 15                                                                                || (                                                                                 || c                                                                                 || ) all moneys received by the institute by way of loans, grants, gifts, donations, || benefactions, bequests or transfers; and                                          || (                                                                                 || d                                                                                 || ) all moneys received by the institute in any other manner or from any other      || source                                                                           |(2) all moneys credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the governing council decide20(3) the fund shall be applied towards meeting the expenses of the institute, including expenses incurred in the exercise of its powers and discharge of its duties under this act22 notwithstanding anything contained in section 21, the central government may direct the institute to—setting up of endowment fund(a) set-up an endowment fund and any other fund for specified purpose; and25(b) transfer money from its fund to endowment fund or any other fundaccounts and audit23 (1) the institute shall maintain proper accounts and other relevant records andprepare an annual statement of accounts, including the balance sheet, in such form as maybe specified, in accordance with such general directions as may be issued by the central government in consultation with the comptroller and auditor-general of india30(2) the accounts of the 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 india35(3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor- general of india, generally 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 any of the offices of the institute40(4) the accounts of the 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 parliamentpension and provident fund24 (1) the institute shall constitute, for the benefit of its employees, including the managing 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 consider necessary519 of 1925(2) where any such provident fund has been so constituted, the central government may declare that the provisions of the provident funds act, 1925 shall apply to such fund as if it were a government provident fundappointment25 all appointments of the staff of the institute, except that of the managing director, secretary and executive director shall be made in accordance with the procedure laid down in the statutes by—10(a) the governing council, if the appointment is made on the academic staff inthe post of assistant professor or above or if the appointment is made on the nonacademic staff in any cadre, the maximum of the pay scale for which is the same or higher than that of  assistant professor; and(b) the managing director, in any other casestatutes1526  subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) the formation of departments of teaching, centre of research, establishmentof workshops, laboratories, studios;(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;20(c) the classification, term of office, qualification, the method of appointmentand the determination of the terms and conditions of service of officers, teachers and other staff of the institute;(d) the reservation of posts for the scheduled castes, the scheduled tribes andother backward categories of person as may be determined by the central government;25(e) the constitution of pension, insurance and provident funds for the benefitof the officers, teachers and other staff of the institute;(f) the constitution, powers and duties of the authorities of the institute; (g) the manner of filling up of vacancies among members of the governingcouncil;30(h) the authentication of the orders and decisions of the governing council; (i) the meetings of the governing council, senate or any committee, the quorumat such meetings and the procedure to be followed in the conduct of their business;(j) conferment of honorary degree; (k) the establishment and maintenance of halls and hostels;35(l) the conditions of residence of students of the institute and the levying ofthe fees for residence in the halls and hostels and other charges; and(m) any other matter which by this act is to be or may be specified by the statutesstatutes how made4027 (1) the first statutes of the institute shall be framed by the governing council with the previous approval of the visitor and shall be laid as soon as may be before each house of parliament(2) the governing council may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereafter in this section provided (3) every new statute or addition to the statute or any amendment or repeal of a statute shall require the previous approval of the visitor who may remit it to the governing council for consideration5(4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitorordinances28 subject to the provisions of this act and the statutes, the ordinances of theinstitute may provide for all or any of the following matters, namely:—(a) the admission of the students to the institute;10(b) the reservation for the scheduled castes, the scheduled tribes and otherbackward categories of persons;(c) the courses of study to be laid down for all degrees, diplomas and certificatesof the institute;15(d) the conditions under which students shall be admitted to the degree, diplomaand certificate courses and to the examinations of the institute and award of degrees, diplomas and certificates;(e) the conditions for award of fellowships, scholarships, exhibitions, medalsand prizes;(f) the conditions and mode of appointment and duties of examining body,examiners and moderators;(g) the conduct of examinations;20(h) the maintenance of discipline among the students of the institute; (i) the fees to be charged for courses of study in the institute and for admissionto the examinations of degrees, diplomas and certificates of the institute; and25(j) any other matter which by this act or the statutes is to be or may be providedfor by the ordinancesordinance how made29 (1) save as otherwise provided in this section, ordinances shall be made by thesenate30(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, to the governing council and shall be considered by the governing council at its next succeeding meeting(3) the governing council shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may betribunal of arbitration3530 (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 and an umpire appointed by the visitor(2) the decision of the tribunal of arbitration shall be final and shall not be questionedin any court40(3) no suit or proceeding shall lie in any court in respect of any matter which is requiredby sub-section (1) to be referred to the tribunal of arbitration(4) the tribunal of arbitration shall have power to regulate its own procedure (5) nothing in any law for the time being in force relating to arbitration shall apply toarbitration under this section chapter iii miscellaneous31 no act of the institute or governing council or senate or any other body set-up under this act or the statutes, shall be invalid merely by reason of—5(a) any vacancy in, or defect in the constitution thereof; oract and proceedings not to be invalidated by vacancies(b) any defect in the election, nomination or appointment of a person acting as amember thereof; or(c) any irregularity in its procedure not affecting the merits of the casesponsored schemes1032 notwithstanding anything contained in this act, whenever the institute receivesfunds from any government, the university grants commission or any other agency, including industry sponsoring a research scheme or a consultancy assignment or a teaching programme or a chaired professorship or a scholarship, etc, to be executed or endowed at the institute—(a) the amount received shall be kept by the institute separately from the fundof the institute and utilised only for the purpose of the scheme; and15(b) the staff required to execute the same shall be recruited in accordance withthe terms and conditions stipulated by the sponsoring organisations:provided that any money remaining unutilised shall be transferred to the endowment fund created under section 22 of this act20power of institute to grant degree, etc33 the institute shall have the power to grant degrees, diplomas, certificates and otheracademic distinctions under this act, which shall be equivalent to such corresponding degrees, diplomas, certificates and other academic distinctions granted by any university or institute established or incorporated under any other law for the time being in force22 of 20052534 the provisions of the right to information act, 2005 shall apply to the institute, asif it were a public authority as defined in clause (h) of section 2 of the right to informationact, 2005institute to be public authority under the right to information act, 200535 (1) the central government may, by notification, make rules to carry out the purposes of this actpower of central government to make rules(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:—30(a) the manner of appointment of the managing director, secretary and executivedirector and terms and conditions of his services;(b) the terms and conditions of service of the managing director, secretary andthe executive director under sub-section (1) of section 16, sub-section (1) of section17 and sub-section (1) of section 18;35(c) the form and manner in which the books of account of the institute shall bemaintained under sub-section (1) of section 23;(d) any other matter which is required to be, or may be, prescribed40(3) every rule made under this section shall be laid, as soon 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 or both houses agree that the rule should not be made, the rule 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 rule536 the institute shall furnish to the central government such returns or other information with respect to policies or activities as the central government may, for the purpose of reporting to parliament or for the making of policy, from time to time, requirereturns and information to be provided to central government37 notwithstanding anything contained in this act—transitional provisions10(a) the governing council of the society functioning as such, immediately before the commencement of this act shall continue to so function until a new governing council is constituted for the institute under this act, but on the constitution of a new governing council under this act the members of the governing council holding office before such constitution shall cease to hold office;15(b) until the first statutes and the ordinances are made under this act, the rules and regulations, instructions and guidelines of the society as in force, immediately before the commencement of this act, shall continue to apply to the institute in sofar as they are not inconsistent with the provisions of this act; and20(c) any student who joined classes of the existing institute on or after the academic year 2012-2013 or completed the course on or after the academic year 2013-2014 shall for the purposes of clause (iii) of section 7, be deemed to have pursued a course of study in the existing institute if such student has not already been awarded degree or diploma for the same course of study38 (1) every statute or ordinance made under this act shall be published in the official gazette25statute and ordinance to be published in the official gazette and to be laid before parliament30(2) every statute or ordinance made under this act shall be laid, as soon 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 statute or ordinance or both houses agree that the statute or ordinance should not be made, the 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 statute or ordinance35(3) the power to make statutes or ordinances shall include the power to give retrospective effect with the approval of the central government from a date not earlier than the date of commencement of this act to statutes or ordinances or any of them but no retrospective effect shall be given to any statute or ordinance so as to prejudicially affect the interests of any person to whom such statutes or ordinances may be applicablepower to remove difficulties4039 (1) lf any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provision or give such direction not inconsistent with the purposes of this act, as appears to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of two years from the dateof commencment 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 parliament the schedule[see section 3(h)] institute campuses| sl                                                  | name of the    | name and address of the existing institute campus    ||------------------------------------------------------|----------------|------------------------------------------------------|| no                                                  | state          | and its location                                     || (1)                                                  | (2)            | (3)                                                  || 1                                                   | uttar pradesh  | footwear design and development institute,  a-10/a,  || sector-24, noida, gautam budh nagar, pin-201301     |                |                                                      || 2                                                   | tamil nadu     | footwear design and development institute, plot      || no: e-1, sipcot industrial park, irrungattukotai,    |                |                                                      || kancheepuram                                        |                |                                                      || 3                                                   | west bengal    | footwear design and development institute, kolkata   || leather complex, mouzakariadanga, jl no-32 and      |                |                                                      || gangapur, jl no-35, kolkata                        |                |                                                      || 4                                                   | haryana        | footwear design and development institute,           || plot no- 1, sector-31 b, imt rohtak                 |                |                                                      || 5                                                   | rajasthan      | footwear design and development institute,village    || mandor, tehsil jodhpur, district- jodhpur           |                |                                                      || 6                                                   | uttar pradesh  | footwear design and development institute, sultanpur || road, fursatganj, raebareli, pin-229302             |                |                                                      || 7                                                   | madhya pradesh | footwear design and development institute, corner    || plot, khasara no:31, nagpur-batil road,  immlikhera  |                |                                                      || chowk, chhindwara                                   |                |                                                      || 8                                                   | madhya pradesh | footwear design and development institute,gram       || maharajpura panchayat, hari pur, phawa no-42, survey |                |                                                      || no571/158, 61/1/1/1 on gram puraposar road, guna   |                |                                                      || 9                                                    | bihar          | footwear design and development institute, plot no   || p-6, megha industrial area, moza dumri,  arra road,  |                |                                                      || patna                                               |                |                                                      || 10                                                  | telengana      | footwear design and development institute, lidcap    || campus, hs durga, gachibowli, bidar-hyderabad road,  |                |                                                      || hyderabad                                           |                |                                                      || 11                                                  | gujarat        | footwear design and development institute, plot no   || h-3301, near esic hospital, ankleshwar industrial    |                |                                                      || estate, ankleshwar                                  |                |                                                      || 12                                                  | punjab         | footwear design and development institute, district  || sas nagar (mohali), chandigarh-patiala highway,      |                |                                                      || chandigarh                                          |                |                                                      | statement  of  objects  and  reasonsthe footwear design and development institute was established in 1986 with the objective of providing skilled human resource to the leather sector2 the footwear, leather and retail sector in india has been growing both in terms of value and volume india is the third biggest market of footwear and prominent exporter of the footwear and leather goods being a highly labour intensive industry, the requirement for trained human resources for leather and footwear sector is immense there is a strong need for upgradation of the institution enabling it to deal with international standards and market3 the global footwear market is expected to reach us$2202 billion by 2020 from the current level of us$ 1987 billion the opportunity cost of not investing in human resources required for this sector in india at this juncture would result in increased imports thereby, impacting the domestic and exports sector of footwear and leather products it is proposed to empower the institute to improve its capacity and performance with a view to address the shortage of the trained human resource4 in view of the above, it is proposed to declare the footwear design and development institute as an institution of national importance and enable it to emerge as centre of excellence with the objective of meeting the national and international standards for the promotion and development of quality and excellence in education, research and training in all disciplines relating to footwear and leather products design and development5 the footwear design and development institute bill, 2017, inter alia, proposes to—(i) declare the footwear design and development institute as an institution of national importance;(ii) establish a governing council and other authorities of the institute; and (iii) empower the institute to grant degrees, diplomas, certificates, or any other qualification to students of the institute 6 the notes on clauses explain in detail the various provisions of the bill7 the bill seeks to achieve the above objectivesnew delhi;nirmala  sitharamanthe 28th february, 2017 notes on clausesclause 1—this clause relates to the short title and commencement of the proposed legislationclause 2—this clause relates to the declaration of the footwear design and development institute as an institution of national importanceclause 3—this clause defines certain expressions used in the proposed legislationthese definitions, inter alia, include "governing council", "design", "institute", "senate"clause 4—this clause relates to the establishment of the institute it provides that the footwear design and development institute shall be established on and from the date of the commencement of the proposed legislation as a body corporate it further provides that it shall consist of a governing council having a chairperson, managing director and other members it also provides the term of office of the chairperson and other members of the governing council other than ex officio members and filling of their vacancies and allowances payable to them and provides that the governing council shall meet at least two 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 governing councilclause 5—this clause relates to the vesting of the properties of the institute it provides that all property belonging to the society immediately before the commencement of this act shall vest with the instituteclause 6—this clause relates to the effect of incorporation of the institute it provides that every person employed by the society, immediately before the commencement of the proposed legislation, shall hold his 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 and all the rights and liabilities of the society shall be transferred to, and be the rights and liabilities of, the institute it further provides that every person pursuing any academic or research course in existing institute campus, shall be deemed to have migrated and registered with the corresponding institute campus at the same level of study in the institute campus from which such person migrated it also provides that all suits and other legal proceedings instituted or which could have been instituted by or against the society shall be continued or instituted by or against the instituteclause 7—this clause relates to the functions of the institute it provides that functions of the institute, inter alia,  include to provide for instructions, research and training in the areas or disciplines relating to footwear and leather products design and development: to develop courses leading to graduate and post-graduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to footwear and leather products design and development and to frame statutes and ordinances and to alter, modify or rescind the sameclause 8—this clause relates to powers of the governing council it provides that the governing council shall be responsible for the general superintendence, direction and control of the affairs of the institute under the overall control of the central government and shall have the power to review the acts of the senate; provides for powers of central government to issue directions for effective administration of the proposed legislation it further enumerates the functions of the governing council it also provides that the governing council has the power to appoint committees it also provides that it shall not dispose of any property of the institute without the approval of the central governmentclause 9—this clause provides that the institute shall be open to all races, creeds, and classesclause 10—this clause provides that all teaching at the institute and the institute campuses shall be conducted by or in the name of the institute in accordance with the statutes and ordinancesclause 11—this clause provides that the president shall be the visitor of the institute clause 12—this clause relates to authorities of the institute it provides that authorities of the institute shall be the governing council, a senate and such other authorities as may be declared by the statutesclause 13—this clause relates to the senate it provides the composition of the senate consisting of the managing director, secretary, executive directors of all the institute campus, senior professors of the institute, three persons and one alumnus of the institute nominated by the chairperson in consultation with the managing director and such other members of the staff as laid down in the statutesclause 14—this clause relates to the functions of the senate  it provides that the senate shall be principal academic body of the institute and shall have control and be responsible for the maintenance of standards of instructions, education and examination in the institute and exercise such other powers and perform such other duties as may be imposed on it by the statutesclause 15—this clause relates to functions, powers and duties of the chairperson it provides that the chairperson shall ordinarily preside at the meetings of the governing council and at the convocations of the institute and exercise such powers and perform such duties as are assigned to him under the statutesclause 16—this clause relates to managing director it provides the terms and conditions of service of the managing director of the institute who shall be appointed by the central government for a tenure of five years on such terms and conditions of services as may be prescribed it further provides that the managing director shall be the principal executive officer of the institute and shall be responsible for the implementation of the decision of the governing council and senateclause 17—this clause relates to the secretary it provides for the appointment, powers and duties of the secretary who shall be appointed by the central government for a tenure of five years on such terms and conditions as may be prescribed it further provides that the secretary shall act as the secretary of the governing council, the senate and such committees as may be specified by the statutesclause 18—this clause provides for the terms and conditions of service of the executive director of the institute who shall be appointed by the central government for a tenure of five years on such terms and conditions of services as may be prescribed; provides that executive director of each institute campus shall look after all academic, administrative, research and other activities of the institute campus in consultation with the managing directorclause 19—this clause relates to the powers and duties of other authorities and officers of the institute to be determined by the statutesclause 20—this clause relates to the grants by the central government it provides that the central government may, after due appropriation made by the parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as it may think fit for enabling the institute to discharge its functions efficiently under this actclause 21—this clause provides for the maintenance of a fund by the institute which shall be applied towards meeting the expenses of the instituteclause 22—this clause provides for the setting up of an endowment fund and any other fund for specified purposeclause 23—this clause relates to the accounts and audit it provides for the maintenance of proper accounts and other relevant records, an annual statement of accounts including the balance-sheet in accordance with general directions issued by the central government in consultation with the comptroller and auditor-general of india and the same shall be audited by the comptroller and auditor-general of indiaclause 24—this clause provides for the constitution of pension, insurance and provident funds for the benefit of the employees including the managing director of the instituteclause 25—this clause provides for the appointment of the staff of the institute in accordance with the procedure laid down in the statutes by the governing councilclause 26—this clause provides for framing of the statutes, inter alia, with respect to conferment of honorary degrees: the formation of departments of teaching, establishment of workshops, laboratories and studios; fees for residence and hostels of students; institution of fellowships, scholarships, exhibitions, medals and prizes; qualifications of teachers of the instituteclause 27—this clause provides for the procedure regarding framing of the first statutes of the institute and making of new or additional statutes as well as their amendment and repealclause 28—this clause provides for ordinances to be made, inter alia, relating to the admission of the students to the institute; reservation in admission to various courses or programmes of the institute for the scheduled castes, the scheduled tribes and other backward classes; courses of study to be laid down for all degrees, diplomas and certificates of the institute, etcclause 29—this clause provides for the procedure of making ordinances by the senateclause 30—this clause provides for a tribunal of arbitration for settlement of disputes between the institute and its employees consisting of one member appointed by the institute, one member nominated by the employee and an umpire appointed by the visitor it further provides that decision of the tribunal shall be final and no suit or proceeding shall lie in any court in respect of any matter referred to the tribunal of arbitrationclause 31—this clause provides that acts and proceedings of the institute or governing council or senate or any other authority shall not be invalidated by any vacancy, etcclause 32—this clause relates to various sponsored schemes of the institute and its utilisationclause 33—this clause relates to power of institute to grant degrees, diplomas, certificates and other academic distinctionsclause 34—this clause provides the application of the provisions of the right to information act, 2005 to the institute, as if it were a public authority defined in the said actclause 35—this clause confers power upon the central government to make rules in respect of the matters specified in the proposed legislation it further provides that the rules made by the central government shall be laid before each house of parliamentclause 36—this clause relates to returns and information which may be provided to central governmentclause 37—this clause makes transitional provisions it provides for the continuation of the existing governing council till the constitution of a new council under the provisions of the proposed legislation and other transitional provisionsclause 38—this clause provides for the publication of every statute or ordinance in the official gazette and also for its laying before parliament it further provides that the power to make statutes or ordinances shall include the power to give retrospective effect from a date not earlier than the date of commencement of the proposed legislationclause 39—this clause relates to the power to remove difficulties it 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 provision or give such direction not inconsistent with the purposes of this act, as appears to it to be necessary or expedient for removing the difficult it further provides that no such order shall be made after the expiry of two years from the commencement of the act it also provides that every such order shall be laid before each house of parliament financial memorandumclause 4 of the bill provides that the footwear design and development institute shall be established as a body corporate the existing institute is centrally funded for meeting their capital expenditure the financial assistance on capital expenditure would be provided to the institute, if considered necessary, by the central government2 clause 20 of the bill, inter alia, provides that the central government may, after due appropriation made by parliament by law pay to the institute in each financial year such sums of money in such manner as it may think fit3 the expenditure on maintenance of the institute shall be met out of the income generated by the institute through its internal resources, therefore, it does not involve any recurring expenditure from the government4 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationsub-clause (1) of clause 27 of the bill empowers the governing council, to frame with the previous approval of the visitor, the first statutes of the institute sub-clause (2) of the said clause provides that the governing council may, from time to time, make new or additional statutes or amend or repeal such statutes sub-clause (3) of the said clause provides that every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor sub-clause (4) of the said clause provides that a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor clause 26 of the bill enumerates the matters in respect of which statutes may be made2 clause 29 of the bill empowers the senate to make ordinances the ordinances made by the senate shall be submitted to the governing council and the governing council may by resolution cancel or modify such ordinances the matters in respect of which ordinances may be made, inter alia, include: (a) the admission of the students to the institute including institute campus; (b) reservation for the scheduled castes, the scheduled tribes and other backward categories of persons; (c) courses of study to be laid down for all degrees, diplomas and certificates of the institute; (d) conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the institute and award of degrees, diplomas and certificates; (e) the conditions of award of fellowships, scholarships, exhibitions, medals and prizes; (f) the conditions and mode of appointment and duties of examining body, examiners and moderators; (g) conduct of examinations; (h) the maintenance of discipline among the students of the institute; (i) the fees to be charged for course of study in the institute and for admission to the examination of degrees, diplomas and certificates of the institute;  and (j) any other matter which by this act or the statutes is to be or may be provided for by the ordinances3 clause 35 of the bill empowers the central government to make rules in respect of matters relating to the appointment of the managing director, secretary and executive director and terms and conditions of his service under sub-section (1) of section 16, sub-section (1) of section 17 and sub-section (1) of section 18; the form and manner in which the books of account of the institute shall be maintained under sub-section (1) of section 23 and any other matter which is required to be, or as may be, prescribed4 sub-clause (3) of clause 35 provides that every rule made by the central government is required to be laid before each house of parliament sub-clause (2) of clause 38 provides that every statutes or ordinances shall be required to be laid before each house of parliament5 sub-clause (1) of clause 39 empowers the central government, by order published in the official gazette make provisions not inconsistent with the provisions of the proposed legislation remove any difficulty that may arise in giving effect to the provisions of the proposed legislation as appears to it to be necessary or expedient however, such order shall not be made after the expiry of two years from the date on which the proposed legislation receives the assent of the president and such order shall be laid before each house of parliament6 the matters in respect of which the rules, the statutes, or the ordinances may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———————— a billto establish and declare the footwear design and development institute as an institutionof national importance for the promotion and development of quality and excellence in education, research and training in all disciplines relating to footwear and leather products design and development and for matters connected therewith or incidental thereto ————