 the national institutes of technology bill, 2006 _______ 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 institutes 5 effect of incorporation of institutes 6 powers of institutes 7 institutes to be open to all races, creeds and classes 8 teaching at institutes 9 visitor10 authorities of institutes 11 board of governors 12 term of office of, vacancies among, and allowances payable to, members of board 13 powers and functions of  board14 senate 15 functions of senate 16 chairperson of board 17 director and deputy director 18 registrar 19 other authorities and officers 20 grants by central government 21 fund of the institute 22 accounts and audit 23 pension and provident fund 24 appointments 25 statutes 26 statutes how made 27 ordinances 28 ordinances how made 29 tribunal of arbitration chapter iii the council clauses30  establishment of council 31  term of office of, vacancies among, and allowances payable to members of council 32  functions of council 33 chairman of council 34 power to make rules in respect of matters in this chapter chapter iv miscellaneous35 acts and proceedings not to be invalidated by vacancies, etc 36 power to remove difficulties 37 transitional provisionsthe schedule bill no xliii of 2006 the national institutes of technology bill, 2006 a billto declare certain institutions of technology to be institutions of  national importance and to provide for certain matters connected with such institutionsbe  it enacted by parliament in the fifty-seventh year of the republic of india as follows:— chapter i preliminaryshort title and commencementin the official gazette, appoint, and different dates may be appointed for different provisions of this act2 whereas the objects of the institutions mentioned in the schedule are such as to make them institutions of national importance, it is hereby declared that each such institute is an institution of national importancedeclaration of certain iinstitutions as institutions of national importancedefinitions3 in this act, unless the context otherwise requires,—(a) "board", in relation to any institute, means the board of governors thereof; (b) "chairperson" means the chairperson of the board; (c) "corresponding institute", in relation to a society mentioned in column (2)of the schedule,  means the institute as specified in column (3) of the schedule;(d) "council" means the council established under sub-section (1) of section30;(e) "deputy director", in relation to any institute, means the deputy director thereof;(f) "director", in relation to any institute, means the director thereof; (g)"institute" means any of the institutions mentioned in column (2) of  the schedule;(h) "notification" means a notification published in the official gazette; (i) "prescribed" means prescribed by rules made under this act; (j) "registrar", in relation to any institute, means the registrar thereof; (k) "schedule" means  the schedule annexed  to the act; (j)  "senate", in relation to any institute, means the senate thereof; (m) "society" means any of the societies registered under the societies registration act, 1860 and mentioned in column (2) of   the schedule;21 of 1860(n)"statutes" and "ordinances", in relation to any institute, mean the statutes and ordinances of that institute made under this act chapter ii the institutesincorporation ofinstitutes4 (1) each of the institutes mentioned in  column (3) of the schedule shall be a body corporate having perpetual succession and a common seal and shall, by its name, sue and be sued(2) the body corporate constituting each of the said institutes shall consist of a chairperson, a director and other members of the board for the time being of the institute5 on and from the commencement of this act,—effect of incorporation of institutes(a) any reference to a society in any law, other than this act, 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;(c) all the rights and liabilities of a society shall be transferred to, and be the rights and liabilities of the corresponding institute; and(d) every person employed by a society immediately before such commencement shall hold his office or service in the corresponding institute for 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  if this act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes:provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the institute in accordance with the terms of 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's remuneration in the case of other employeespowers of institutes6  (1) subject to the provisions of this act, every institute shall exercise the following powers and perform the following duties, namely:—(a) to provide for instruction and research in such branches of engineering and technology, management, education, sciences and arts, as the institute may think fit, and for the advancement of learning and dissemination of knowledge in such branches;(b) to hold examinations and grant degrees, diplomas and other academic distinctions or titles;(c) to confer honorary degrees or other distinctions; (d) to fix, demand and receive fees and other charges; (e) to establish, maintain and manage halls and hostels for the residence of students;(f) to supervise and control the residence and regulate the discipline of students of the institute and to make arrangements for promoting their health, general welfare and cultural and corporate life;(g) to provide for the maintenance of units of the national cadet corps for the students of the institute;(h) to institute academic and other posts with the prior approval of the central government, and to make appointments thereto excluding the director and the deputy director;(i) to frame statutes and ordinances and to alter, modify or rescind the same; (j) to deal with any property belonging to or vested in the institute in such  manner as the institute may deem fit for advancing the objects of the institute;(k) to receive gifts, grants, donations or benefactions from the government and to receive bequests, donations and transfers of movable or immovable properties from testators, donors or transferors, as the case may be;(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 institute by exchange of teachers and scholars and generally in such manners as may be conducive to their common objects;(m) to institute and award fellowships, scholarships, exhibitions, prizes and medals; and(n) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the institute (2) notwithstanding anything contained in sub-section (1), an institute shall not dispose of in any manner any immovable property without the prior approval of the central governmentinstitutes to be open to all races, creeds and classes7 (1) every institute shall be open to persons of either sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever(2) no bequest, donation or transfer of any property shall be accepted by any institute, which in the opinion of the council involves conditions or obligations opposed to the spirit and object of this sectionteaching at institutes8 all teaching at each of the institutes shall be conducted by or in the name of the institute in accordance with the statutes and ordinances made in this behalfvisitor9 (1) the president of india shall be the visitor of every institute(2)  the visitor may appoint one or more persons to review the work and progress of any institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may direct(3)  upon  receipt of any such report, the visitor may take such action and issue such directions as he considers necessary  in respect of any of the matters dealt with in the report and the institute shall be bound to comply with such directions10  the following shall be the authorities of an institute, namely :—authorities of institutes(a) a board of governors; (b) a senate; and (c) such other authorities as may be declared by the statutes to be the authorities of the institute11 the board of every institute shall consist of the following members, namely:—board of governors(a) the chairperson to be nominated by the visitor; (b) the director, ex officio; (c) two persons not below the rank of the joint secretary to the government of india to be nominated by the central government from amongst persons dealing with technical education and finance;(d) two persons to be nominated by the government of the states in which the institute is situated, from amongst persons, who, in the opinion of that government, are technologists or industrialists of repute;(e) two persons, at least one of whom shall be a woman, having special knowledge or practical experience in respect of education, engineering or science to be nominated by the council; and(f) two professors of the institute to be nominated by the senate12  save as otherwise provided in this section,—(a) the term of office of the chairperson or other members of the board shall be three years from the date of his nomination;term of office of, vacancies among, and a l l o w a n c e s payable to, members of board(b) 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;(c) the term of office of a member nominated under clause (f) of section 11 shall be two years from the 1st day of january of the year in which he is nominated;(d) a casual vacancy shall be filled up in accordance with the provisions of section 11;(e) the term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated;(f) notwithstanding anything contained in this section, an out-going member shall, unless the council otherwise directs, continue in office until another person is nominated as a member in his place;(g) the member of the board shall be entitled to such allowances, if any, from the institute as may be provided for in  the statutes but no member other than the members referred to in clauses (b) and (f) of section 11 shall be entitled to any salary by reason of this sub-sectionpowers and functions of board13 (1) subject to the provisions of this act, the board of every institute shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall exercise all the powers of the institute not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the senate(2) without prejudice to the provisions of sub-section (1), the board of every  institute shall,—(a) take decisions on questions of policy relating to the administration and working of the institute;(b) institute courses of study at the institute; (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 resolutions on the annual report, the annual accounts and the budget estimates of the institute for the next financial year as it thinks fit and submit them to the council together with a statement of its development plans;(g) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this act or the statutes; (3) the board shall have the power to appoint such committees, as it considers necessary for the exercise of its powers and the performance of its duties under this actsenate14 the senate of every institute shall consist of the following persons, namely:–—(a) the director, ex officio, who shall be the chairman of the senate;(b) the deputy director, ex officio; (c) the professors appointed or recognised as such by the institute for the purpose of imparting instructions in the institute;(d) three persons, not being employees of the institute, to be nominated by the chairperson in consultation with the director, from amongst educationists of repute, one each from the field of science, engineering and humanities; and(e) such other members of the staff as may be laid down in the statutesfunctions of senate15  subject to the provisions of this act, the statutes and the ordinances, the senate of an institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statuteschairperson  of board16 (1)  the chairperson shall ordinarily preside at the meetings of the board and at the convocations of the institute(2)  it shall be the duty of the chairperson to ensure that the decisions taken by the board are implemented(3)  the chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutesdirector and deputy director17 (1)  the director and deputy director of every institute shall be appointed by the central government with the prior approval of the visitor(2)  the director shall be the principal academic and executive officer of the institute and shall be responsible for the proper administration of the institute and for the imparting of instruction and maintenance of discipline therein(3)   the director shall submit annual reports and accounts to the board (4)  the director shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes or ordinances(5) the deputy director of every institute shall exercise such powers and perform such other duties as may be assigned to him by this act or the statutes or by the directorregistrar18  (1) the registrar of every institute shall be appointed on 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, 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 shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes or by the director19 the powers and duties of authorities and officers other than those mentioned above shall be determined by the statutesother authorities and officersgrants by central government20 for the purpose of enabling the institutes to discharge their functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to every institute in each financial year such sums of money and in such manner as it may think fit21 (1) every institute shall maintain a fund to which shall be credited,—fund of the institute(a) all moneys provided by the central government; (b) all fees and other charges received by the institute; (c) all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and(d) all moneys received by the institute in any other manner or from any other source (2) all moneys credited to the fund of every institute shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide(3) the fund of every 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 actaccounts and audit22 (1) every institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be specified by notification, 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 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 any institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general of india has in connection with the audit of the government accounts, and, in particular shall have the rights to demand the production of books, accounts, connected vouchers and other 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 government shall cause the same to be laid before each house of parliament in accordance with such procedure as may be laid down by the central governmentpension and provident fund23 every institute shall constitute for the benefit of its employees such provident or pension fund or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutesappointments24 all appointments of the staff of every institute, except that of the director and deputy director, shall be made in accordance with the procedure laid down in the statutes, by—(a) the board, if the appointment is made on the academic staff in the post of lecturer or above or if the appointment is made on the non-academic staff in any cadre the maximum of the pay scale for which exceeds rupees ten thousand five hundred;(b) the director, in any other casestatutes25  subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) the conferment of honorary degrees; (b) the formation of departments of teaching; (c) the fees to be charged for courses of study in the institute and for admissionto the examinations of degrees and diplomas of the institute;(d) the institution of fellowships, scholarships, exhibitions, medals and prizes; (e) the term of office and the method of appointment of officers of the institute; (f) the qualifications of teachers of the institute; (g) the classification, the method of appointment and the determination of theterms and conditions of service of teachers and other staff of the institutes;(h) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the institute ;(i) the constitution, powers and duties of the authorities of the institute; (j) the establishment and maintenance of halls and hostels;(k) the conditions of residence of students of the institute and the levying of fees for residence in the halls and hostels and of other charges;(l) the allowances to be paid to the chairperson and members of the board; (m) the authentication of the orders and decisions of the board; and (n) the meetings of the board, the senate, or any committee, the quorum at such meetings and the procedure to be followed in the conduct of their businessstatutes how made26 (1) the first statutes of each institute shall be framed by the central government with the prior approval of the visitor and a copy of the same shall be laid as soon as may be before each house of parliament(2) the board may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner provided in this section(3) every new statute or addition to the statutes or any amendment or repeal of statutes shall require the previous approval of the visitor who may grant  assent or withhold assent or remit it to the board for consideration(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 visitorordinances27 subject to the provisions of this act and the statutes, the ordinances of every institute may provide for all or any of the following matters, namely:—(a) the admission of the students to the institute; (b) the courses of study to be laid down for all degrees and diplomas of theinstitute;(c) the conditions under which students shall be admitted to the degree or diplomacourses and to the examinations of the institute, and shall be eligible for degrees and diplomas;(d) the conditions of award of the fellowships, scholarships, exhibitions, medalsand prizes;(e) the conditions and mode of appointment and duties of examining bodies,examiners and moderators;(f) the conduct of examinations; (g) the maintenance of discipline among the students of the institute; and (h) any other matter which by this act or the statutes is to be or may be providedfor by the ordinancesordinances how made28 (1) save as otherwise provided in this section, ordinances shall be made by the senate(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 board and shall be considered by the board at its next meeting(3) the board shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may betribunal of arbitration29 (1) any dispute arising out of a contract between an institute 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 member appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitor(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(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 iii the councilestablishment of council30 (1) with effect from such date as the central government may, by notification,specify in this behalf, there shall be established for  all the institutes specified in column (3) of the schedule, a central body to be called the council(2) the council shall consist of the following members, namely:—(a) the minister in charge of the ministry  or department of the central government having administrative control of the technical education, ex officio, as chairman;(b) the secretary to the government of india in charge of the ministry  or department of the central government having administrative control of the technical education, ex officio, as vice-chairman;(c) the chairperson of every board, ex officio;(d) the director of every institute, ex officio;(e) the chairman, university grants commission, ex officio;(f) the director general, council of scientific and industrial research, ex officio;(g) four secretaries to the government of india, to represent the ministries or departments of the central government dealing with biotechnology, atomic energy, information technology and space, ex officio;(h) the chairman, all india council for technical education, ex officio;(i) not less than three, but not more than five persons to be nominated by the visitor, at least one of whom shall be a woman, having special knowledge or practical experience in respect of education, industry, science or technology;(j) three members of parliament, of whom two shall be chosen  by the house of the people and one by the council of states:provided that the office of member of the council shall not disqualify its holder for being chosen as or for being, a member of either house of parliament;(k) two secretaries to the state government, from amongst the ministries  or departments of that government dealing with technical education where the institutes are located, ex officio ;(l) financial advisor, dealing with  the human resource development ministry or department of the central government, ex officio;(m) one officer not below the rank of joint secretary to the government of india in the ministry  or department of central government having administrative control of the technical education, ex officio, as member-secretary31 (1) the terms of office of a member shall be three years from the date of notification:provided that the term of office of an ex officio member shall continue so long as he holds office by virtue of which he is such a member(2) the term of office of a member elected under clause (j) of sub-section (2) of section 30 shall expire as soon as he ceases to be member of the house, which elected himterm of office of, vacancies among, and allowances payable to members of council(3) the term of office of a member nominated or elected to fill a causal vacancy shall continue for the remainder of the term of the member in whose place he has been appointed(4) notwithstanding anything contained in this section an outgoing member shall, unless the central government otherwise directs, continue in office until another person is appointed as a member in his place(5) the members of the council other than ex officio member  shall be paid such travelling and other allowances as may be prescribedfunctions of council32 (1) it shall be the general duty of the council to co-ordinate the activities of all the institutes(2) without prejudice to the provisions of sub-section (1), the council shall perform the following functions, namely:—(a) to advise on matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the institutes, admission standards and other academic matters;(b) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and freeships, levying of fees and other matters of common interest;(c) to examine the development plans of each institute and to approve such of them as are considered  necessary and also to indicate broadly the financial implications of such approved plans;(d) to advise the visitor, if so required, in respect of any function to be performed by him under this act; and(e) to perform such other functions as are assigned to it by or under this act33 (1)  the chairman of the council shall ordinarily preside at the meetings of the council:chairman of councilprovided that, in his absence, the vice-chairman of the council shall preside at the meetings of the council(2)   it shall be the duty of the chairman of the council to ensure that the decisions taken by the council are implemented(3)   the chairman shall exercise such other powers and perform such other duties as are assigned to him by this act(4) the council shall follow such procedure in its meetings as may be prescribed34 (1) the central government may, by notification, make rules to carry out the purposes of this chapterpower to make rules in respect of matters in this chapter(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the travelling and other allowances payable to members of the council under sub-section (5) of section 31; and(b) the procedure to be followed in the meetings of the council under sub-section(4) of section 33 (3) every rule made by the central government under this chapter 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 rule chapter iv miscellaneous35 no act of the council, or any institute or board or senate or any other body set up under this act or the statutes, shall be invalid merely by reason of —acts and proceedings not to be invalidated by vacancies, 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 casepower to remove difficulties36 (1) if any difficulty arises in giving effect to the provisions of this act the centralgovernment may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to it  to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of a period of two years from the date on which this act receives the assent of the president(2) every order made under this section shall, as soon as may be after it is made, be laid before each houses of parliament37  notwithstanding anything contained in this act—transitional provisions(a) the board of governors of every 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 member of the board holding office before such constitution shall cease to hold office;(b) every senate constituted in relation to every 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 but on the constitution of new senate under this act, the members of the senate holding office before such constitution shall cease to hold office the schedule[see sections 3 (g), (m) and 4 (1)] list of central institutions incorporated into the  act| sl no                                     | society                              |   corresponding institute ||---------------------------------------------|--------------------------------------|---------------------------|| 1                                           | 2                                    |                         3 || 1                                          | motilal nehru national institute of  |                           || technology, allahabad society               |                                      |                           || motilal nehru national institute of         |                                      |                           || technology, allahabad                      |                                      |                           || 2                                          | maulana azad national institute of   |                           || technology, bhopal society                  |                                      |                           || maulana azad national institute of          |                                      |                           || technology, bhopal                         |                                      |                           || 3                                          | national institute of technology,    |                           || calicut society                             |                                      |                           || national institute of technology,           |                                      |                           || calicut                                    |                                      |                           || 4                                          | national institute of technology,    |                           || durgapur society                            |                                      |                           || national institute of technology,           |                                      |                           || durgapur                                   |                                      |                           || 5                                          | national institute of technology,    |                           || hamirpur society                            |                                      |                           || national institute of technology,           |                                      |                           || hamirpur                                   |                                      |                           || 6                                          | malaviya national institute of       |                           || technology, jaipur society                  |                                      |                           || malaviya national institute of              |                                      |                           || technology, jaipur                         |                                      |                           || 7                                          | dr br ambedkar national institute |                           || of technology, jalandhar society            |                                      |                           || dr br ambedkar national                  |                                      |                           || institute of technology, jalandhar         |                                      |                           || 8                                          | national institute of technology,    |                           || jamshedpur society                          |                                      |                           || national institute of technology,           |                                      |                           || jamshedpur                                 |                                      |                           || 9                                          | national institute of technology,    |                           || kurukshetra society                         |                                      |                           || national institute of technology,           |                                      |                           || kurukshetra                                |                                      |                           || 10 visvesvaraya national institute of      |                                      |                           || technology, nagpur society                  |                                      |                           || visvesvaraya national institute of          |                                      |                           || technology, nagpur                         |                                      |                           || 11 national institute of technology, patna |                                      |                           || society                                     |                                      |                           || national institute of technology,           |                                      |                           || patna                                      |                                      |                           || 12 national institute of technology,       |                                      |                           || rourkela society                            |                                      |                           || national institute of technology,           |                                      |                           || rourkela                                   |                                      |                           || 13 national institute of technology,       |                                      |                           || silchar society                             |                                      |                           || national institute of technology,           |                                      |                           || silchar                                    |                                      |                           || 14 national institute of technology,       |                                      |                           || srinagar society                            |                                      |                           || national institute of technology,           |                                      |                           || srinagar                                   |                                      |                           || 15 sardar vallabhbhai national institute   |                                      |                           || of technology, surat society                |                                      |                           || sardar vallabhbhai national                 |                                      |                           || institute of technology, surat             |                                      |                           || 16 national institute of technology        |                                      |                           || karnataka, surathkal society                |                                      |                           || national institute of technology            |                                      |                           || karnataka, surathkal                       |                                      |                           || 17 national institute of technology,       |                                      |                           || tiruchirappalli society                     |                                      |                           || national institute of technology,           |                                      |                           || tiruchirappalli                            |                                      |                           || 18 national institute of technology,       |                                      |                           || warangal society                            |                                      |                           || national institute of technology,           |                                      |                           || warangal                                   |                                      |                           || 19 national institute of technology,       |                                      |                           || raipur society                              |                                      |                           || national institute of technology,           |                                      |                           || raipur                                      |                                      |                           || 20 national institute of technology,       |                                      |                           || agartala society                            |                                      |                           || national institute of technology,           |                                      |                           || agartala                                   |                                      |                           | statement of objects and reasonsseventeen regional engineering colleges were set up in the country in early sixties with a view to provide the required technical manpower for the industrial projects these colleges were functioning as societies registered under the societies registration act, 1860 and affiliated to respective state universities2 the programme of action, 1992 on the national policy on education 1986 stated that in order to make the regional engineering colleges, the leading technical institutions in the respective regions, steps might be taken to give them maximum autonomy by granting the status of deemed university on a selective basis further in the said programme of action it was mentioned that detailed review might be conducted for deciding the future thrust and orientation, so as to broaden their horizon by improving the existing management structure pursuant to this, the central government in 1996 constituted a high power review committee under the chairmanship of dr ra mashelkar, director general, council of scientific and industrial research the committee submitted its report in the year 1998 and inter alia recommended that these regional engineering colleges be empowered through an enactment of parliament to award degrees the committee further recommended that the demand for setting up new regional engineering colleges might be examined on a case to case basis3 based on the above recommendations and after consultation with the state governments, the central government decided to convert all these seventeen regional engineering colleges into national institutes of technology with the status of deemed university and provide hundred per cent assistance from the central government for the year, 2003-2004 onwards later, bihar college of engineering, patna, raipur engineering college, raipur and tripura engineering college, agartala were converted and notified as national institutes of technology in the year 2004, 2005 and 2006, respectively as such, there are now twenty national institutes of technology which are to be empowered through an enactment of the parliament for awarding degrees4 in exercise of the powers conferred under section 3 of the university grants commission act, 1956, the central government granted the status of deemed university to all these institutes, except in case of national institutes of technology at patna, raipur and agartala5 now, it is proposed that a law be enacted to—(a) declare all these twenty institutions as institutes of national importance; (b) retain the individuality of the institutes; (c) make provisions for co-ordination and regulation of the affairs of theseinstitutes; and(d) empower these institutes to grant degrees, diplomas and other academicdistinctions6 the bill seeks to achieve the above objectsnew delhi;arjun singhthe 10th may, 2006 notes on clausesclause 2 seeks to declare national institutes of technology mentioned in the schedule as institutions of national importanceclause 3 seeks to define various words and expressions used in the bill clause 4 seeks to provide for the establishment of the institutes as bodies corporate, with perpetual succession and a common seal of each instituteclause 5 deals with the effect of incorporation of the institutes clause 6 enumerates various powers and functions of every institute clause 7 seeks to provide that every institute shall be open to all persons of either sex and of whatever race, creed, caste, class or religionclause 8 seeks to provide that all teaching at the institute shall be conducted in accordance with the statutes and ordinancesclause 9 seeks to provide that the president of india shall be the visitor of every institute who shall in that capacity appoint one or more persons to review the work and progress of instituteclause 10 seeks to make a provision for the authorities of every institute clause 11 seeks to provide for the composition of the board of governors clause 12 seeks to provide for terms of office of the chairman and other members of the boardclause 13 seeks to make a provision for powers and functions of the board of governors clause 14 seeks to provide for the composition of the senate of every institute clause 15 seeks to enumerate the functions of the senate clause 16 seeks to provide for the functions, powers and duties of the chairperson of the board of governorsclause 17 seeks to make a provision for appointment of director and deputy director of every institute and also specifies the powers to be exercised and the functions to be discharged by themclause 18 seeks to make a provision for appointment, powers and functions of the registrarclause 19 seeks to specify powers and duties of authorities other than the board of governors and senateclause 20 seeks to provide for grants by the central government to every institute clause 21 seeks to provide for the maintenance of  fund by every institute and for the monies of the fund to be utilised for meeting the expenses of the instituteclause 22 seeks to provide that the accounts and other relevant records of every institute shall be maintained in the form specified by the central government by notification and the same shall be audited by the comptroller and auditor-general of indiaclause 23 seeks to provide for the constitution of  pension and provident funds for the benefit of the employeesclause 24 seeks to lay down the procedure for appointment of staff of every institute except director and deputy directorclause 25 seeks to provide for framing of statutes with respect to conferment of honorary degrees; the formation of the departments of teaching; the qualification of the teachers of the institute; the allowances to be paid to the chairman and members of the board, etcclause 26 seeks to provide for procedure regarding framing the first statutes and making of new statutes as well as their amendment and repealclause 27 seeks to make provision for ordinances with respect to the admission of the students to the institute; the courses of study to be laid down for all degrees and diplomas of the institute; the conduct of examinations, the maintenance of discipline among the students of the institute, etcclause 28 seeks to provide for the procedure of making ordinances clause 29 seeks to provide for a tribunal of arbitration for settlement of disputes between the institutes and the employeesclause 30 seeks to provide for establishment of a council as a central body for all the institutesclause 31 seeks to provide for tenure of office of the various members of the council and the allowances payable to such membersclause 32 seeks to provide for powers and functions of the council clause 33 seeks to provide for the powers and functions of the chairperson of the councilclause 34 seeks to empower the central government to make rules for paying allowances to the members of the council and seeks to provide the procedure to be followed in the meetings of the councilclause 35 seeks to provide that the acts and proceedings of the council shall not be invalidated by reason of any vacancies or defect in the constitution thereof or any defect in election, nomination or appointment of person acting as a member or any irregularity in its procedureclause 36 seeks to empower the central government to remove difficulties which may come across in giving effect to the provisions of this enactmentclause 37 seeks to provide for the continuation of the exiting board and senate till the constitution of a new board and senate, as the case may be, under the provisions of this enactment financial memroandumclause 4 of the bill proposes to declare each national institutes of technology as a body corporate and bring it within the ambit of the proposed bill2 clause 20 of the bill provides for appropriations of money through annual budget for every institute3 at present, there are twenty national institutes of technolgoy in the country located in various states and hundred per cent central assistance is being provided to these institutes under both plan and non-plan heads by the department of secondary and higher education, ministry of human resource development the requirement of funds for these institutes is determined every year on the basis of their requirement in the beginning of the year4 the following budget provisions have been made for these institutes during the year 2005-2006 and 2006-2007(rs in crores)slnoyearsectorbudget provisionfinal grantbere12005-2006plan900087008788non-plan19566195461954622006-2007plan, grant9700--ner1300non-plan20000--5 these institutes have been empowered to receive grants, gifts, donations, benefactions, bequests or transfers from private bodies or individuals6 all monies placed at the disposal of each of the institutes will constitute the fund of the respective institute and will not lapse at the end of the year it shall be taken into account in making funds available to the respective institute in subsequent year memorandum regarding delegated legislationclause 26 of the bill empowers the central government to frame, with the prior approval of the visitor (president of india), the first statutes of each institute a copy of such statutes shall be laid before each house of parliament the board of each institute has been empowered to make new or additional statutes or amend or repeal the statutes made by the central government the matters in respect of which the statutes may be made relate inter alia 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 of degrees and diplomas of the institute; the institution of fellowships, scholarships, exhibitions, medals and prizes; the term of office, the method of appointment and the conditions of service of officers, teachers and other staff of the institute; the constitution of pension, insurance and provident funds for the benefit of officers, teachers and other staff of the institute; the constitution, powers and duties of authorities of the institute; the procedure to be followed in the conduct of the business of the board, the senate or any committee2 clause 28 of the bill empowers the senate of each institute to make ordinances consistent with the provisions of the enactment and the statutes the matters in respect of which such ordinances may be made relate inter alia to the admission of students to the institute; the courses of study to be laid down for degress and diplomas of the institute, the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the institute; the conditions and mode of appointment and duties of examining bodies; the conduct of examinations and the maintenance of discipline among students of the institute3 clause 34 of the bill empowers the central government to make rules in respect of traveling and other allowances payable to the members of the council and the procedure to be followed in the meetings of the council4 the matters for which the statutes, ordinances or regulations may be made pertain to matters of procedure or detail and it is not possible to provide for them in the bill the delegation of legislative power is, therefore, of a normal character———— a billto declare certain institutions of technology to be institutions of national importance and to provide for certain matters connected with such institutions————(shri arjun singh, minister of human resource development)mgipmrnd—661rs—(s5)—17052006