 the institutes of technology bill, 1961(as introduced in lok sabra on 2jst novbmbd, 1961)  arrangement of clauses chapter i preliminary clauses1 short title and commencement 2 declaration of certain institutions as institutions of national importance 3 definitions  chapter ii the institutes4 incorporation of institutions 5 effect of incorporation of institutions 6 powers of institutes 7 institutes to be open to all races, creeds and classes 8 teaching at institute 9 visitor 10 authorities of institutes 11 the board of governors 12 tenn of office of, vacancies amo!lg, and allowances payable to, members of board 13 functions of the board 14 senate~ 15 functions of senate 16 chairman of board 17 director 18 deputy director 19 registrar 20 other authorities and officers 21 grants by central government 22 fund of the institute 23 accounts and audit 24 pension and provident fund  clauses25 appointments 26 statutes; 27 statutes how made 28 ordinancesj 29 ordinances how made 30 tribunal of arbitration  chapreriii the council31 establishment of council 32 term of office of, vacancies among, and allowances payable to, members of council 33 functions of council 34 chairman of council 35 power to make rules in respect of matters in this chapter  chapter ivmiscellanilous 36 acts and proceedings not to be invalidated by vacancies, etc 37 power to remove difficulties 38 transitional provisions 39 repeal and savings the schedule -  bm no 60 011,61 the institutes of technology bill, 1961 (as introduced in lok sabka) a billto declare certain institutions of technology to be institutions of national importance and to provide for certain matters connected with such institutions and the indian institute of technology, kharagpur be it enacted by parliament in the twelfth year of the republic of india as follows:- chapter i preliminarys 1 (1) this act may be called the institutes of technology act, short title 1961 and com- meuc:ement (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint, and different dates may he appointed for different provisions of this act 10 z whereas the objects of the institutions known as the indian declar,:tion institute of technology, bombay, the indian institute of technology, f:,~f~~':ns kanpur and the indian institute of technology, madras are such as as institution to make them institutions of national importance, it is hereby declar- ~~~ ed that each such institution is an institution of national importance is 3 in this act, unless the context otherwise requires,-definitions (a) "board", in relation to any institute, means the board of governors thereof; (b) "chairman" means the chairman of the board; (c) "corresponding institute" means,-(i) in relation to the society known as the indian institute of technology, bombay, the indian institute of technology, bombay; (ii) in relation to the society known as the indian insti- - tute of technology (kanpur) society, the indian institute of technology, kanpur, and (iii) in relation to the society known as the indian institute of technology, madras, the indian institute of technology, madras; 10 (d) "council" means the council established under subsection (1) of section 31; (e) "deputy director", in relation to any institute, means the deputy director thereof; (f) "dir(!c1;or", in relation to any institute, means the direc- is tor thereof; (g) "institute" means any of the institutions mentioned in section 2 and includes the indian institute of technology, kharagpur, incorporated under ·the indian institute of technology (kbaragpur) act, 1956; 5 ot 1956• (h) "registrar", in relation to any institute, means the regis- ao trar thereof; (i) "senate", in relation to any institute, means the senate thereof; (j) "society" means any of the following societies registered 25 under the societies registmtion act, 1860, namely:-:ii of 11i1i0 (i) the indian institute of technology, bombay; (ii) the indian institute' of technology (kanpur) society; (iii) the indian institute of technology, madras; 30 (k) "statutes" and "ordinances", in relation to any institute, mean the statutes and ordinances of the institute made under this act  chapi'er ii the institutis35 " (1) each of the institutes mentioned in section 2 shall be a ~~o::d- body cgrporate having perpetual succession and a common seal and t u tiona shau, by its name, sue and be sued (2) the body corporate constituting each of the said institutes shall consist of a chairman, a director and other members of the board for the time being of the institute  s on and from the commencement of this act,-btfec:t of incorporation (a) any reference to a society in any law (other than this :o~:titu­act) or in any contract or other instrument shall be deemed as a reference to the corresponding institute; (b) all property, movable and immovable, of or belonging to a society shall vest in the corresponding institute; 10 (c) all the rights and liabilities of a soci~ty shall be transferred to, and be the rights and liabilities of, the corresponding institute; and 20 (d) every person employed by a society immediately before such commencement shall hold his office or service in the corresponding institute by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same it this act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes: provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the 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 employees and one month'~ remuneration in the case of other employees 30 ft (1) subject to the provisions of this act, every institute shall pow~n of exercise the following powers and perform the following duties, ~::!~ namely: -,  ~ (a) to provide for instruction and research in such branches of engineering and technology, sciences and arts, as the institut·e 3s may think fit, and for the advancement of learning and dissemination of knowledg~ in such branches; (b) to hold examinations and grant degrees, diplomas and other academic distinctions or titles; (c) to confer h~norery degrees or, other distinctions; (d) to fb:, demand and receive fees and other charges; (e) to eltablilh maintain ;and manage halls and hostels for the residence of students; (f) to supervise and control the residence and regulate the discipline of students of the institute and to make arrangements s for promoting their health general welfare and cultural and corporate life; (g) to provide for the maintenance of units of the national cadet corps for the8tudents «the institute; (h) to institute academic and other posts and to make 10 appoidtmatl thereto {except in the case of the director); (i) to frame statutes and ordinanees and to titer, modify or rescind the same; i (;) to deal with any property belonging to or vested in the institute in such manner as the institute may deem fit for advanc- is ing the objects of the institute; (k) to receive gifts, grants, donations or benefactions from the goverdljledt and to receive bequests, donations and transfers of jnoi!i9ble 01' immovable pr0periie6 from testators, donors or transferors as the case may be; i 20 (l) to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the inltitute by exehange of teachers and seholars and genen:lly in such manner al may be conducive to their common ~~; ~ (m) to institute and award fellowships, scholarships, exhibitions, prizes and medals; and  (ft) to do all sueh things as may be neces&ll1'y, incidental or conducive to the attainment of all or any of the objects of the institute i 30 (2) notwithstanding anything contained in sub-section (1), an institute shall not dispose of in any manner any immovable property without the prior approval of the visitor te to 7 (1) every institute shall be open to persons of either sex and be open to all of whatever race, creed, caste or class, and no test or condition shall 3~ =sc:~ be impoaed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever i (2) no bequest, donation or transfer of any property shall be accepted iby any institute which in the opinion of the council involves conditions or obligations opposed to the spirit and object of this section i s 8 all teaching at each of the lmititutes shall be conducted by 01' ~hinl at in the name of the institute in accordance with the statutes and ::::-ordinances made in this behalf 9 (1) the president of india shall be the visitor ot inery visitor iiulti~t~' i 10 (2) the vismor may appoint one' or more persons to review the work and progress of any institute and to hold inquiries into the affairs thereof add to report thereon in nch· manner as the visitor may direct, i (3) upon receipt of any such report; the' visitor may take such is action and issue such directions as he colisiders necesshy in respect of any of the matters dealt with in the' report and the institute shall be bouncl to comply with nch direetions~ 10 the following shall be the authorities of an inati,tute, namely: -authorities of insti-(a) a board of governors; i tutes 20 (b) a senate; and i (c) such other authorities as may be declared by the statutes to be the authorities of the institute 11~ 'nle board' of an institute shall consist of the following persons, the board namely: -of governoli 2s (01) the chllirman, to be nominated' by the visitor; (b) the director, ex-officio; (c) one person to be- nomiftated by ~ government of each of the states comprisil'lg the zone in which the institute is situated, from aml»ng parsons who, in the opinion of that gov-30 ernment, are technologists or industrialists of repute; (d) four persons having speciel knowledge or practical experience' in respect of education, engineering or science, to be nominated by the council; and (e) two pilofesscmr of the idstitu~ to' be nominated by the 3s senate i ereplanaticm-in this' section, the '~on "zone" means a zone as for the time being demaycated by the aimndia'council for technical education for'the purposes of this act: " r= 01 we-12 (l) save as otherwise provided in this section, the term of ~:ilamong office of the chairman or any other member of the board shall be ~e8 pa;bi~- three years from the date of his nomination  - 0 members of board (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 5 (3) the term of office of a member nominated under clause (c) of section 11 shall be two years from the 1st day of january of the year in which he is nominated i (4) the term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member 10 in whose place he has been nominated (5) notwithstanding anything contained in this section, an outgoing member shall, unless the council otherwise directs, continue in office until another person is nominated as a member in his place (6) the members of the board shall be entitled to such ellow- is ances, if any, from the institute as may be provided for in the statutes but no member other than the persons referred to in clauses (b) and (e) of section 11 shall be entitled to any salary by reason of this sub-section functionaof 13 (1) subject to the prov:isions of this act, the board of any 20 the board institute shall be responsible for the general superintendence, direction and control of the effairs 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 ' 25 (2) without prejudice to the provisions of sub-section (1), the board of any institute sball-i (a) take decisions on questions of policy relating to the administration and working of the institute: (b) institute courses of study at the institute; 30 (c) make statutes; (d) institute and appoint persons to academic as well as other posts in the institute; ! (e) consider and modify or cancel ordinances; (f) consider and pass ~olutions on the annual report, the 35 annual accounts and the budget estimates of the institute for the next financial year as it thinks fit and submit them to council together with a statement of its development plans; (p) exercise such other powers and perform 'such other duties as may be conferred or imposed upon it by this actor the stwtes (3) the 'board ·shall have the power to appoint  such committees 5 as it considers necessary for the exercise of tts powers -and the"performance of its duties under this act ,14; the  ,senate·of itacl1,iastiiute slilau' consist ,of the following sedate per5$1ls;' _mely:-(a) the director, e:x:o{ficio,whoshall be the chairman of 10 the senate;' (b) the ~l,lty director, ~:x:-:()tjicio; (c) the pr-ofeilors"'p~lor l'~sed:8si ~h·by':lthe institute' for - ithe : ,purpose of impartidg iqtl1lction  lin  ·the institute: is (d)· thteepersons, not being eqji)lo~ees ·of ,the ,institute, to  be nomiuated·bythe claairj;danin consultation withthedireqtor, from a~g edu~tio~ists of repute, one each from the fields of science, engineering and humanities~ and (e) such other members of the staff as may be laid down in 20 the ·statutes 15 subject to the provisions of this act, the'-statutes and  the pullctior of orciimnces, :tlte stfilateofl,qll ·institutedshalt bave"the ~n'rol and senate  - i,eneral regu}atia~ -dbe ~spodsibleforthe rualnt~e: of ~tandards of instruct ion, education and examination in the institute and 25 shall exercisesuchother  powersand;perf,orm such otaer ciumes as may ·be confet"redor imposed upon' it by the,statutes ,,16 (1) the chairman shall ordinl3rily ~esuie! at the meetings chairman of of the board and at the codtvocations of the institute board  (2) ·it:n1all be, the @,tyofthe chaipnan to ;~ure tbat thp 3'::> decisions taken by the board are implemented (3) "the' chairman shall, sereise sueh other -powers -and perform  such ·otlaerduties: as 'may be  assigned to him by this act or the statutes 17 (1) the director of each institute shall be appointed by the director 35 council with the prior approval of the ·v4sitor (2) the director shall be the principal academic and executive officer of the institute and'shall be ·responsible for the proper administration  of thel  institute· and' for:' tlte imparting· of 1nstmction ,and maintenance of, disci~line therein,  i (3) the director shall submit annual reports and accounts to the board (4) the director shall exercise such other powers and perfonn  such other duties as'may be assigned to him by this act or the statutes or c>rdulances s =~ 18 the deputy director of each institute shan be appointed on such tenns and conditions as may be laid down by the statutes and shall exercise such powers and perfonn such duties as may be assigned to him by this act or the statutes or by the direction llesiltrar 19 (1) the registrar of each institute shall be appointed on 10 such terms and conditions as may be laid down by the statutes and shall be the custodian of records, the common seal, the 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 15 senate, and such committees as may be prescribed by the statutes (3) the registrar shall be responsible to the director for the proper discharge of his functions (4) the registrar shan exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes 20 or by the director ~thor u~ zoo the powers and duties of authorities and officers other than o:rs a those hereinbefore mentioned shall be detennined by the statutes g;uu: by 21 for the purpose of enablidg the institutes to discharge their g!ernment functions efftclently under this act, the central government may, 25 after due appropriation made by parliament by law in this behalf, pay to each institute in each financial year such sums of money and in such manner as it may think fit | pund                                                       | of         ||------------------------------------------------------------|------------|| the                                                        |            || z2,                                                        | (1) every  || iaatitutc                                                 |            || credited-                                                  |            || 30                                                         |            || (a)                                                        |            || all moneys provided by                                     | the        || (b) all fees and other charges received by                 |            || the                                                        | institute; || (c)                                                        |            || all moneys received                                        | by         || gifts, donations, benefactions, bequests or transfers; and |            || (d) all moneys received by                                 |            || the                                                        | institute  || in                                                         |            || any                                                        | other 35   || manner                                                     | or         |(2) a1l moneys credited to the fund of any institute shall be deposi~ed in such banks or invested in such manner as the institute may, with the approval of the central government, decide (3) the fund of any institute 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 act 23 (1) every institute shall maintain proper accounts and oth~r ~ti and· s relevant records and prepare an annual statement of accounts, including the balance-sheet, in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india (2) the accounts of every institute shall be audited by the 10 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 india (3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of j s any institute shall have the same rights, privileges and nuthority 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 20 documents and papers and to inspect the offices of the institute (4) the accounts of every 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 govern-2s ment shall cause the same to be laid before each house of parliament m (1) every institute shall constitute for the benefit of its em- podiiod ad4i ployees, including the director, in such manner and subject to such c~dedt conditions as may be prescribed by the statutes, such pension, in-30 surance and provident funds as it may deem fit  19 of i92s(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 fund 3s 25 all appointments on the staft of any institute, except that appolntof the director, shall be made in accordance with the procedure laid diedte down in the statutes, by-(4) the board, if the appointment is made on the academic staft in the post of lecturer or above or if the appointment is mad:t icii:the noi1"8luldemic i 3taff in i any ·cad~ the'm8ldmumot the pay'~aale for wtlich 'exee-eds ·iix ,hundred, rupees penntmthj (b) by the director, in any other case statutes 26' subject to the provisions of this act, the statutes may provide' for all' 'or any of 'the following matters, namely:~ s (4) ,the-'canfeiment  of honorary' deg1'l!es; (b) the formation of departments of teaching; (c) lthe-fees to' be '1:harged  fdr' ct)urses 'of study'in the irtsti-tu~"&aafdr 'admlsslon' to·theexaminatibns of idegrees 'and 'dip: 10ri, onhe~irlstitute~ jo (d) the institution of fellowships, scholarships, exhibitions, rneaale«nd prijies~ (e)tbe term of 'offi~e and the method of appointment of ofti"t'!ers of the institute; (f) the qualifications' of teachers of the institute; is (g)  the' classification, the method of appointment and the determirtation of the terms and conditions of 'service of, teachers and other staff of the institute; (h)) th~ cltmtitutian ·of '·pension, insurance and 'provident funditforthe-, benefit of 'the ;ofb~ers;' teaehm and other·staff·cf·20 the "institute;' (i) the constitution; powers and duties of the a1lthorities of the institute;" (j) the establishment and maintenance of halls and hostels; (k)the" cenditions·of 'residenee of students iof  the  htstitl1te 25 and the levyingucf ·fees for residence, in· ,the- hall ;and"'holltejs: ' and·-of·other cha~geij;' (l) the mannet' of filling va«arcies'amongmemhers ·of tht' board; (m)  the allowances to be,:paid to ,the chainnanarut mem 30 hers ~fthe board; (11) the authentication of the orders ';ard deeisions· of the board; (i\) the' jrt~tings·of the board, the senate, or any committe4!!; thequoruh1' at such 'meetings and the' procedure to be 3s followed in the conduct of their business; (p~ any other mattel',whl  ··by·;thls aet'ilj to· b-or may be preserlbed :by' the' statutea' 2'7:1 (1) the fitrt statutes of each iristituteshah be framed by'the 'statutes ho couneil' with 'the -previous 'approval of the visitor' and a copy' of the made same lihall be-laid 'as soon as may' be befdre' each hbuse oi'parlia-' ment 5 (2),the,&ard"may, from'time·to timej make new· or ,additional statutes or· may "amend, -or  rep"l the statutes -in, the manner ,here--after in "this' seeman ;provideci (3)j le\-ery new statute or ·additian to the statutes 'or any' amend-' ment"or-'repeal- of"astatute 'shallrequir(> the previous approval of ' 10 the visitor who may assent thereto or withhold assent or' remit it· to the board ,·for lcansidention (4) a new statute or a statute amending or repealing'an'existing , statute, shall have no validity unless: it, bas been qltieiltedto" by <the \ visitor, 15 28 subject to the provisions of this act and the statutes, the ordinances ordidanolslof··:ehlinsltitqt~ may prov~, far all or any of, the, following matters, namely:-(a) ,the admission! i()f the ! stud8lllts ,to the institute, (b) the courses of study to be laid down for all degrees 20 and diplomas of the institute; (c) the conditions under which students shall be admitted to the degree or diploma courses' 'and to the examinations of the·inatitute,ard  shall be eligibledor degrees ·amd dipldmu; (d) 'the condititms of 'award of the fellowships, scholarships; exhibitions, mecism 'and prizes; (e) 'the conditions and mode of appointment 'and duties of examining bodies, examiners and moderators; (f) the conduct of' exanrtna~ns; (g) the maintenance of discipune ,among  the students of the institute; and 30 (h), any other ,matter which by· this act or· the, statutes is to be or may be provided for by the ordinances au (1) sqved'otherwise 'pravided' 'in this section; ordinances ordin8llce1 shall be made by the senate how made -  35 (2) all ordinances made by the senate shall have effect from such date as it may direct, but every ordinance so made shall be submitt~ij d' 1i00ft'bs-'may i b~;' to 'the' boat'd and 'shall "be considered by the board at its next succeeding meeting (3) the board 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 be tribunal of arbitration 38 (1) any dispute arising eut of a contract between an institute 5 and any of its employees 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 inember appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitor 10 (2) the decision of the tribunal shall be final and shall not be questioned in any court (3) no suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the tribunal of arbitration los (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 to arbitrations under this section  chapter iii20  the councilbit_bulh-iiicdt of coiidcil 31 (1) with effect from such date sa the central government may, by notification in the official gazette, specify in this behalf, there shall be established a central body to be called the council (2) the council shall consist of the following members, namely:--25 (a) the minister in charge of technical education in the central government, ez officio, as chairman; (b) the chairman of each institute, ez officio; (c) the director of each institute, ez officio; (d) the chairman, university grants commission, ez 30 officio; (e) the director-general, council of scientiftc and industrial research, ez officio; <f) the chairman of the council of the indian institute of science, b!lngalore, ez officio; :,c; (1/) the director of the indian institute of science, bangalore, ez officio; (h) three persons to be nominated by the central government, one to represent the ministry concerned with technical education, another to represent the ministry of finance and the third to represent any other ministry; 5 (i) one person to be nominated by the all-india council for technical education; 10 (j) not less than three, but not more than five, persons to be nominated by the visitor, who shall be persons having special knowledge or practical experience in respect of education, industry, science or technology; (k) three members of parliament, of whom two shall be elected by the house of the people from among its members and one by the council of states from among its members (3) an officer of the ministry of the central government con-is cerned with technical education shall be nominated by that government to act as the secretary of the council 32 (1) save as otherwise provided in this section, the term of term o~ office of a member of the council shall be three years from the date =e~' vi-of his nomination or election, as the case may be amolls,lnd allowance 20 (2) the term of office of an ex-officio member shall continue so pay~ to,  long as he holds the office by virtue of which he is a member c~uncii~ 01 (3) a member of the council referred to in clause (h) of subsection (2) of section 31 shall hold office during the pleasure of the central government 25 (4) the term of office of a member elected under clause (k) of sub-section (2) of section 31 shall expire as soon as he ceases to be a member of the house which elected him (5) the term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the 30 member in whose place he has been nominated or elected (6) notwithstanding anything contained in this section an outgoing member shall, unless the central government otherwise directs, continue in office until another person is nominated or elected as a member in his place 35 (7) the members of the council shall be paid such travelling and other allowances by the central government as may be determined by that government, but no member shall be entitled to any salary ~by reason of this sub-section pwlctiona"of :33 (l) it-ilhall be,the - -eral duty i)f:the g~il to co-ordinate council  thet:acuvities~f all the ·itlstitutes   (2)"without prejudice to the prgvisions of sub-section (1), the council shall perform the' following functions, namely:-(a) to advise on matters relatij)g to the, duration of the 5 courses, the degrees and other academic distinctions to be con· ,femoeci by the lnstitutes",admisswnstandards and other academic raatters; (b) to lay down policy regardiqg cadr~s, methods of recruit· ment and conditions of service of employees, institution of 10 ,scholus4ips·,and beeships,rlevyjng of ·fees and other matters of ·ooiilfl1gnijlteltest; (c) to examine the development plans of each institute and , t(hmjpl'~e such· of them ·as are -gnlsidered reeeuary, and also to -inliicate broadly: ·the·financial implications of streh, apprqwd is plans; (d) to examine the annual b~dget estimates of each institute and to recommend to ·the 'central'government the allocation of funds for that purpose; (e) to advise the visitor, if so l'equired,in respect of any 20 function to be performed by him under this act; and (i), t~ perform mlch· qtltell' fwlctiodsj ra~ fil'~·,il'led ~ it by or udder this,act ' chllinnan, of 3( (1) the chairman of the councilshall ordinarily preside at rouncil the meetings of the council 2s (2) it shall be the duty;of thej~hairman ofthe c-ueultcj _sure that the decisions taken by the council are iillplemented (3) , the cbairman:labau exercise: such other' powers and periorm such 0fa!lel" duties asare  8ssigaed to rum, by this-act power to ; 35 '(1) the central government may ·make rules to carry out the 30 make rule in'purposes of ,this chapter : re'pectof ~tt~~i;er (2) in particular and without prejudice to the  geoera1ity of, the foregoing power, such rules may provide for all or any of the following matters, namely:-(a)the manner of'filling vacanoiesamong the'membe'rs of 35 the council;  (b)  ;the: disqualifications  for beidg chosen as, al'ld- ft!' being, a member of the colmcu; , (c) the circumstances in which, and the authority by which, memben; may be removed; 5 (d) the meetings of the council and the procedure of conducting business thereat; (e) the travelling and other allowances payable to members of the council; and ' <f) the functions of the council and the mqner in which 10 such functions may be exercised - chapter iv  miscellaneous36 no act of the council, or any institute or board or senate or actlandproany other body set up under this act or the statutes, shall be invalid :~:l=~~ is merely by reason of-'datedbyvacanc:iet, etc -  (a) any vacancy in, or defect in the constitution thereof, or (b) any defect in the election, nomination or appointment of a person acting as a member thereof, or (c) any irregularity in its procedure not affecting the merits of the case 20 37 if any difficulty arises in giving effect to the provisions of this power to act, the central government may, by order published in the official ~de •• gazette, make such provision or give such direction not inconsistent with the purposes of this act, as appears to it to be necessary or 2s expedient for removing the difficulty 30 38 notwithstanding anything contained in this act,-tnlllitionil provialodi (a) the board of governors of an institute functioning as such immediately before the commencement of this act shall continue to so 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 board holding office before such constitution shall cease to hold office; 3s (b) any academic council constituted in relation to any institute before the commencement of this act shall be deemed to be the senate constituted under this act until a senate is constituted under this act for that institute; (c) until the fu:st statutes and the ordinances ,ate ~de under this act, the statutes and 'ordinances of the indian institute of technology, kbaragpur as in force immediately before the commencement ot this ~t spall cqn~in~e to pply to that institute and shall, with the' necessary modifications and a~pta- ~ tions, also apply to any other institute, in so far as t¥y are not inconsistent with ihe provisions of ~is act ' , repeal add 31 (1) the indian institute of 1l'echnology (kharagpur) act, 1~56 501,956• ~vina'; is hereby repealed ' (2) notwithstanding such repeal, the proyisions of the said act 10 ~et out in the schedule shall continue to have 'effect: ' ' - provided that in the said provisions, the expression "this a:~" means the said ~ro~sio~' ' , '  (see section 39)provisions of the indian institute of technology (kbaragpur) act, 1956, continued in force ; 2 whereas the objects of the institution lmown as the indian ~~~~c:il institute of technology at kharagpur in the district of midnapore in insulutcof the state of west bengal are such as to make the institution one of ~:~o:) national importance, it is hereby declared that the institution known ~ an inatilu-as the indian institute of technology, kharagpur, is an institution of :tic!~ 10 national idiportance  importance 3 in this act, unless the context otherwise requires,-=-nc81litiolll (b) "board" means the board of governors of the institute; (c) "chairman" means the chairman of the board; (e) "director" means the director of the institute; (g) iiinstitute" means the institute known as the indian institute of technology, kharagpur, incorporated under this act 4 (1) the first chairman, the first director and the first members illc:orporaof that board who shall be the persons appointed in this behalf by lioll the central government, by notification in the ofticial gazette, and 20 all persons, who may hereafter become or be appointed as officers or members of the board, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the indian institute of technology, kharagpur (2) the institute shall have perpetual succession and a common ~5 seal, and shall sue and be sued by the said name s (1) subject to the provisions of this act, every person who is permanently employed in the indian institute of technology at =c~f of kharagpur immediately before the commencement of this act shall, aistinj em-qn and from such commencement, becon:te an employee of the insti- ~~~~~ ~o tute and shall hold his office or service therein by the same tenure, inltilu!t of at the same remuneration and upon the same terms and conditions -:;e~~ and with the same rights and privileges as to pension, leave, gratuity, put provident fund and other matters as he would have held the same on the date of commencement of this act if t,qis act had not been passed (2)notwithstanding anything contained in sub-section (1), the institute may, with the prior approval of the visitor, alter the terms and conditions of any employee specified in sub-section (1), and if the alteration is not acceptable to such employee, his employment may be terminated by the institute in accordance with the terms of the s contract with the employee or, if no provision is made therein in this behalf, on pa~nt to him by the lnstitu~ of compensation ·equivalent to three months' remuneration (3) ery pemm employed in the' incuanmstitute ()f'tdnmogy at- kharagpur otberthan any such panlon as is referred to kl bub- 10 8ection (1) • hau, on aild'from the commeneement of tbis'aet, become ·an  ployee of the"insutute upon stlth terms and cendlttodj as may be pztovided for ill the statutes, and until such provl&ion is made, ~ the terms and conditions applicable to him immediately b6fore weh commencement is r  statement of objects and reasonsin order to provide facilities on an extenaiw scale fer postgraduate courses, advanced work and research in the various banclles of science, engineering and technology, for whicb faei1iues in the cowltry were inadequate, the sarker committee recommended id 1945 that four institutions on the lines of the famous musachujetts iditi tllte of technology, usa be established, one in each of tiae four regions of the country government accepted this recommendation and the first institution named as the indian institute of technology, kharagpur startetl'ln 1950 in the eastern region as a g&verniftent in· stitution although situated in the east, it 'bas tunettoned as an all india institution in consonance with the original decision that these institutions should be open to students from all parts of the country later, the institute at kharagpur was declared by parliament as an institution of national importance under tbe indian institute of technology (kbaragpur) act, 1956 the act came into force on the 1st april, 1957 and the institute has ·been since functioning as an autonomous body corporate' 2 the three other institutions named as the indian institute of technology, bombay, the indian institute of technology, madras, and the indian institute of technology, kanpur were started in 1958, 1959 and 1960 respectively and were registered under the soct ties registration act 1860 all the four institutions provide mt degree courses in addition to facilities for post·graduate studies and advanced research this requires and provides cooperation between work at the post-graduate level and the ftrst degree level for the mutual benefit of both and also results in full utilisation of the facilities created in these institutions they aim at training per· sonnel who will combine the highest technical competence with broad human sympathy as well as a practical outlook and awarness of the social implications of planning the institutes have already succeeded in creating an atmosphere which instils in the minds of students a spirit of objective enquiry and a sense of purpose and are helping them develop a balanced and integrated personality 3 one of the important tasks of the institutions is to meet the present and future needs of industry and technology they therefore have an individuality and purpose of their own distinct from' those of a university the broad objectives of the four institutes are the same, although in their actual working, there will be difterence of emphasi5 011 separate fields, particularly at the advanced level& the bill seeks (i) to retain the individuality of the instituticns by declaring them institutions of national importance under article 246, read with 7th schedule, list i, entry 64 of the constitution; (if) to bring in the indian institute of technology, kharagpur, which has already been so declared and incorporated by an act of parliament, within the ambit of the proposed act, and (iii) to make provision for the coordination and regulation of the affairs of the four institutes the institutes will have the power to grant degrees, diplomas and other academic distinctions as at present possessedbr the indian institute of technology, kharagpur  new deud; i humayun kabilt the 13th november, 1961 financial memorandumthe bill contemplates the declaration of the indian institute of technology, bombay, the indian institute of technology,  madras, and the indian institute of te~ology, ~npur, as bodies corporate 1~ ~o contejll~lates br~nging in the indian institute of technology, ~aragpur, which has already been so declared and incorporat~ br 8!l act of parliament, within the ambit of the proposed act 2 the instit~tes will maintain the departments covering varioui fields of science, eng41eering and technology for training of techni~ cal personnel finances required by them for exe~ise of their powers and discharge of their functions shall be payable by tqe pentral qove~ent in the shape of grants-in-aid each yea~ at t~ stage it is no~ possible to frame an accurate estiinate of the man,:: ~ow:er:~ equipment, etc needect to enable the institutes to exercise ~heir powers and discharge the functions provided under the bill but, since the development of the institutes will be according to the pro~ ~als that may be approved by the government, the funds to be given will be for programmes so approved they will depend on the number of courses and departments that may be opened by each institute as determined! by the govermnent to fulfil its obligation to the industrial need's of the nation the indian institute of technology, kharagpur, since its inception in 1950, has incurred an expendi ture of about rs 5· 84 crores on buildings (including those for the residence of students and members of the staff) and equipment ujlto the end of the second plan period and proposes to spend another bs 1· 6 crores during the third plan period on these items having regard to the fact that eosts of building and equipment have risen considerably, it is estimated that the non-recurring cost on each of ether three institutions will be of the order of about rs 8 crores the annual recurring expenditure of the indian institute of technology, kharagpur'reached a level of rs 65 laims in 1960-61 (the last year of the second five year plan) and is expected to be of the order of :as 85-90 lakhs in 1965-66 3~ the (ollowing budget provisions has been made for grants-in--aid'to the institutes during the year 1961-62 under demand no 81-s~el ii ca for eaeb of the institutions:-(in lakhs) ri 131·36 rs 137·211 indian institute of technology, kharagpur lndian institute of technology, bombay funds to be mac:le·a¥aijable in the buibeequent years will be determ mined each year the total provision made for grants-in-aid to the four ibltitutiona during the thinl five year plad (apcll, 1981 to 14u'c:h 1966) is& lj' oa, croftjb 4 the institutes han been empowered to receive grants, gifti dgftaticms, beftefaetions, bequests or transfers from private bodies or indfriduali 5 all monies placed at the disposal of each of the institutes will eanstttute the fund of the respective institute and will not lapse at the e!ld of the -year it all be taken into account in making funds anuable to the respective institute in subsequent years  memorandum regardilvg delegatto legistationclause 27 of the bill empowers the council to frame, with the previous approval of the visitor (president of india), the first statutes of each institute in respect of matters specified in clause 26 the board of governors of each institute has been empowered by this bill to amend, repeal or add to any of the statutes thus made by the council the matters in respec~ of which the statutes may be made inter alia relate to the conferment of honorary degrees; the formation of departments of teaching; the fees to be charged for courses of study and for admission to examinations; the institution of fellowships, scholarships, exhibitions, medals and prizes; the term of office, the method of appointment and the conditionsof service of officers, teachers and other staff of the institute; the constitution of pension, insurance and provident funds for the benefit of the employees of the institute; the constitution, powers and duties of authorities of the institute; the manner of filling vacancies among members of the board and the allowances payable to them; and the meetings of the board, the senate or any committee and the procedure to be followed in the conduct of their business it is not possible at this stage to provide for these matters especially in the bill the bill, however, prescribes that all such statutes will be operative after the visitor has approved them 2 clause 29 of the bill empowers the senate of each institute to make ordinances consistent with the provisions of the act rnd the statutes the matters in respect of which such ordinances may be made are specified in clause 28 they inter alia relate to the admission of students to the institute; the courses of study to be laid down for degrees and diplomas of the institute and the conditions under which students shall be admitted to degree or diploma courses and to examinations of the institute; the conditions of award of fellowships, scholarships, medals and prizes; the conditions and mode of appointment and duties of examining bodies; the conduct of examinations and the maintenance of discipline among students of the institute 3 clause 35 of the bill empowers the central government to make rules in respect of matters specified in that clause these matters relate to the manner of filling vacancies among members of the council, the disqualulcations for being such member, meetings of the council and the procedure of conducting business thereat, the allowances payable to members, and the functions of the council 4 the delegation of legislative power is of a character normal to such acts a bill to declare certain institutions of technology to be institutions of national importance and to provide for certain matters connected with such institutions and the indian institute of technology, kharagpur the president has, in pursuance of clause (3) of article 117 of the constitution of indja, recommended to lok sabha, the con~ideration of the bill m n kaul, secretary (shri humayun kabir, minister of scientific research and cultural affairs) 