REGISTERED No. D.

221

The Gazette of India

EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No 63]NEW DELHI, WEDNESDAY, DECEMBER 2o1961/AGRAHAYANA39,l883

MINISTRY OF LAW
(Legislative Department)
New Delhi, the 20th December, 1961/Agrahayana 29, 1883 (Saka)
The following Act of Parliament received the assent of the Pre-
sident on the 19th December, 1961, and is hereby published for
general information: —
THE INSTITUTES OF TECHNOLOGY ACT, 1961
No. 59 OF 1961
[19th December, 1961]
An Act to declare certain institutions of technology to be
institutions of nation.1 importance and to provide for certa in
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
PRELIMINARY
Short title
1. (2) This Act may be called the Institutes of Technology Act, and com-
1961. mencement.

(2) It shall come into force on such date as the Central Govern-
ment may, by notification in the Official Gazette, appoint, and differ-
ent dates may be appointed for different provisions of this Act.
2. Whereas the objects of the institutions known as the Indian of Declaration
certain
Institute of Technology, Bombay, the Indian Institute of Technology, institutions
Kanpur and the Indian Institute of Technology, Madras are such as as institutions
of national
to make them institutions of national importance, it Is hereby declar- importance.
ed that each such institution is an institution of national importance.
Definitions.
3. In this Act, unless the context otherwise requires,—
(a) "Board", in relation to any Institute, means the Board
of Governors thereof;

675
 676 THE GAZETTE OF INDIA EXTRAORDINARY [PAST II

(b) "Chairman" means the Chairman of the Board.

(c) "corresponding Institute" means,—
(i) in relation to the society known as the Indian Insti-
tute of Technology, Bombay, the Indian Institute of Techno-
logy, Bombay;
(ii) in relation to the society known as the Indian Insti-
tute of Technology (Kanpur) Society, the Indian Institute
of Technology, Kanpur, and
(in) in relation to the society known as the Indian Insti-
tute of Technology, Madras, the Indian Institute of Techno-
logy, Madras;
(d) "Council" means the Council established under sub-
section (1) of section 31;
(e) "Deputy Director", in relation to any Institute, means
the Deputy Director thereof;
(f) "Director", in relation to any Institute, means the Direc-
tor thereof;
(g) "Institute" means any of the Institutions mentioned in
section 2 and includes the Indian Institute of Technology, Kharag-
pur, incorporated under the Indian Institute of Technology
(Kharagpur) Act, 1956; 5 ofl95<5.
(7i) "Registrar", in relation to any Institute, means the Regis-
trar thereof;
(i) "Senate", in relation to any Institute, means the Senate
thereof;
(j) "society" means any of the following societies registered
under the Societies Registration Act, 1860, namely: — 2i of i86c.
(i) the Indian Institute of Technology, Bombay;
(ii) the Indian Institute of Technology (Kanpur)
Society;
(Hi) the Indian Institute of Technology, Madras;
(k) "Statutes" and "Ordinances", in relation to any Institute,
mean the Statutes and Ordinances of the Institute made under
this Act.
CHAPTER n
THE INSTITUTES

Incorpora- 4. (1) Each of the Institutes mentioned in section 2 shall be a

tion of initi- ibody corporate having perpetual succession and a common seal and
tutw.
Ishall, by Its name, sue and be sued.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 677

(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 bein;> of the Institute.
5. On and from the commencement of this Act,— Effect of in-
corporation
(a) any reference to a society in any law (other than this of institu-
te*.
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 trans-
ferred 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 by the same tenure, at the same remune-
ration and upon the same terms and conditions and with the
same rights and privileges as to pension, leave, gratuity, provi-
dent fund and other matters as he would have held the same
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 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's remuneration in the case of other employees.

C>, (I) Subject to the provisions of this Act, every Institute shall
Power* of
exercise the following powers and perform the following duties, Inwi-
namely:— tutw.

(a) to provide for instruction and research in such branches

of engineering and technology, sciences and arts, as the Institute
may think fit, and for the advancement of learning and dissemi-
nation 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;
 678 THE GAZETTE OF INDIA EXTRAORDINARY IFAHT 11

(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 and to make
appointments thereto (except in the case of the Director);
(i) to frame Statutes and Ordinances and to alter, modify or
rescind the same;
Q) to deal with any property belonging to or vested in the
Institute in such manner as the Institute may deem fit for advanc-
ing the objects of the Institute;
(fc) 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;
(Z) 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 manner as may be conducive to their common
objects;
(m) to institute and award fellowships, scholarships, exhibi-
tions, 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 Visitor.

Institutes to 7. (1) Every Institute shall be open to persons of either sex and
be open to nil
races, creeds
of whatever race, creed, caste or class, and no test or condition shall
and classes. be imposed as to religious belief or profession in admitting or appoint-
ing members, students, teachers or workers or in any other connec-
tion whatsoever.
SEC 1J THE GAZETTE OK INDIA EXTRAORDINARY 67£

(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
section.

8. All teaching at each of the Institutes shall be conducted by or reaching at

Institute.
in the name of the Institute in accordance with the Statutes and
Ordinances made in this behalf.
9. (2) The President of India shall be the Visitor of every Vititor.
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 directions.
10. The following shall be the authorities of an Institute, namely: — Authorities
of Intti-
(a) a Board of Governors; tutos.
(b) a Senate; and
(c) such other authorities as may be declared by the Statutes
to be the authorities of the Institute,
11. The Board of an Institute shall consist of the following persons, Board
namely:—( j of Gover-
nors.
(a) the Chairman, to be nominated by the Visitor;
(b) the Director, ex offido;
(c) one person to be nominated by the Government of each
of the States comprising the zone in which the Institute is
situated, from among persons who, in the opinion of that Gov-
ernment, are technologists or industrialists of repute;
(d) four persons having special knowledge or practical
experience in respect of education, engineering or science, to be
nominated by the Council; and
(e) two professors of the Institute, to be nominated by the
Senate.
Explanation.—In this section, the expression "zone" means a zone
as for the time being demarcated by the All-India Council for Techni-
cal Education for the purposes of this Act.
 68o THE GAZETTE OF INDIA EXTRAORDINARY [PAM H

Term of
office of, vac- 12. (1) Save as otherwise provided in this section, the term of
ancies office of the Chairman or any other member of the Board shall be
among,
and allowan- three years from the date of his nomination.
ce* payable
to, •iitmbcr* (2) The term of office of an ex o^cio member shall continue so
of Board. long as he holds the office by virtue of which he is a member.
(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.
(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
in whose place he has been nominated.
(5) 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.
(6) The members of the Board shall be entitled to such (allow-
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.

Functions of 13. (I) Subject to the provisions of this Act, the Board of any
Board.
Institute shall be responsible for the general superintendence, direc-
tion 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 any 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;
SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 681

(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
aa it considers necessary for the exercise of its powers and the per-
formance of its duties under this Act.
14. The Senate of each Institute shall consist of the following ;Senate.
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 instruction in the
Institute:
(d) three persons, not being employees of the Institute, to
be nominated by the Chairman in consultation with the Director,
from among educationists 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
the Statutes.
15. Subject to the provisions of this Act, the Statutes and the :Fur.c'iOr*
Senate.
of
Ordinances, the Senate of an Institute shall have the control and
general regulation, and be responsible for the maintenance, of stand-
ards 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 Statutes.
16. (1) The Chairman shall ordinnrllv preside at the meetings Chairman of
Board.
of the Board and at the Convocations of the Institute.
(2) It shall be the duty of the Chairman to ensure that the
decisions taken by the Board are implemented.
(3) The Chairman shall exercise such other powers and perform
such other duties 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.
Council with the prior approval of the Visitor.
(2) The Director shall be the principal academic and executive
officer of the Ins+ltute and shall be responsible for the proper admin-
istration of the Institute and for the imparting of instruction and
maintenance of discipline ther«In.
 682 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II

(3) The Director shall submit annual reports and accounts to the
Board. ' p-^T»w|
(4) The Director shall exercise such other powers and perform
such other duties as may be assigned to him by this Act or the Sta-
ltutes or Ordinances.

Deputy
Director.
18. The Deputy Director of each Institute shall be appointed on
(such terms and conditions as may be laid down by the Statutes and
shall exercise such powers and perform such duties as may be assign-
<ed to him by this Act or the Statutes or by the Director.

Registrar. 19. (I) The Registrar of each Institute shall be appointed on

!such terms and conditions as mav 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
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 o+her duties as may be assigned to him by this Act or the Statutes
or by the Director.
Other autho- 20.
The powers and duties of authorities and officers other than
rities and1
officers. those
hereinbefore mentioned shall be determined by the Statutes.
Grants by' 21. For the purpose of enabling the Institutes to discharge their
Central
,
Government. functions efficiently under this Act. the Central Government may,
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.
Fund of theD 22. (I) Every Institute shall maintain a Fund to which shall be
Institute.
credited—
(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 any Institute shall be
deposited In such Banks or invested in such manner an the Institute
may, with the approval of the Central Government, decide.
 SEC. 1] THE GAZlSVrE OF INDIA EXTRAORDINARY 683

(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 cf its duties under this Act.

• 23. (1) Every Institute shall maintain proper accounts and other Accounts
' and
audit.
relevant records and prepare an annual statement of accounts, in-
cluding 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 cf every Institute shall be audited by the

Comptroller and Auditor-General of India and any expenditure in-
curred by him in connection with such audit shall be payable by
the Institute to the Comptroller and Auditor-General of India.
(.?) 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 Govern-
ment accounts, and, in particular, shall have the right to demand
the production of bocks, 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 Comptrol-
ler 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-
ment shall cause the same to be laid before each House of Parlia-
ment. .) >I

24. (1) Every Institute shall constitute for the benefit of its em- Pension and
ployees, including the Director, in such manner and subject to such rovident
K
md.
conditions as may be prescribed by the Statutes, such pension, in-
surance and provident funds as it may deem fit.
(2) Where any such provident fund has been so constituted, the
Central Government may declare that tho provisions of the Provi-
19 of 1925. dent Funds Act, 1925 shall apply to such fund as if it were a Gov-
ernment Provident Fund.

25. All appointments on the staff of any Institute, except that Appoint-
of tho Director, shall be made in accordance with the procedure laid ments.
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
 684 T ™ GAZETTE OF INDIA EXTRAORDINARY [PART II

made on the non-academic staff in any cadre the maximum of

the pay-scale for which exceeds six hundred rupees per month;
(b) by the Director, in any other case.
Statutes, 26. Subject to the provisions of this Act, the Statutes may pro-
vide 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 Insti-
tute and for admission to the examinations of degrees and dip-
lomas 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 the terms and conditions of service of, teach-
ers and other staff of the Institute;
(7i) tho 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 hostols;
(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;
(I) the manner of filling vacancies among members of the
Board;
(m) the allowances to be paid to the Chairman and mem-
bers of tho Board;
(n) the authentication of the orders and decisions of the
Board;
(o) the meetings of the Board, the Senate, or any Com-
mittee, the quorum at such meetings and the procedure to be
followed in the conduct of their business;
(p) any other matter which by this Act is to be or may be
prescribed by the Statutes.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 68$
Statutes how
27. (1) The first Statutes of each Institute shall be framed by the made.
Council with the previous approval of the Visitor and a copy of the
same shall be laid as soon as may be before each House of Parlia-
ment.
(2) The Board may, from time to time, make new or additional
Statutes or may amend or repeal the Statutes in the manner here-
after in this section provided.
(3) Every new Statute or addition to the Statutes or any amend-
ment or repeal of a Statute shall require the previous approval of
the Visitor who may assent thereto or withhold assent cr remit it
to the Board lor 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
Visitor.

28. Subject to the provisions of this Act and the Statutes, the Ordlnancos,
Ordinances of each 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 the Institute;
(c) the conditions under which students shall be admitted
to the degree or diploma courses 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, medals and prizes;
(e) the conditions and mode of appointment and duties of
examining bodies, examiners and moderators;
(/) 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 provided for by the Ordinances.
2'J. (1) Save as otherwise provided in this section, Ordinances |Drdinance*
IOW made.
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 succeeding meeting.
 686 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

(3) The Board shall have power by resolution to modify or can-

cel 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. 30. (1) Any dispute arising out ot a contract between an Institute
and any of its employees shall, at the request of the employee con-
cerned 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 (J) 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 lor the time being in force relating to
arbitration shall apply to arbitrations under this section.

CHAPTER III
THE COUNCIL
Establish-
ment of 31. (1) With effect from such date as the Central Government
Council. 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, name-
ly:~
(a) the Minister in charge of technical education in the
Central Government, ex officio, as Chairman;
(b) the Chairman of each Institute, ex officio;
(c) the Director of each Institute, ex officio;
(d) the Chairman, University Grants Commission, ex
officio;
(e) the Director-General, Council of Scientific and Indus-
trial Research, ex officio;
(f) the Chairman of the Council of the Indian Institute of
Science, Bangalore, ex officio;
(g) the Director of the Indian Institute of Science, Banga-
lore, ex officio;
SEC. 1.1 THE GAZETTE OF INDIA EXTRAORDINARY 687

(h) three persons to be nominated by the Central Gov-

ernment, one to represent the Ministry concerned with technical
education, another to represent the Ministry of Finance and the
third to represent any other Ministry;
(i) one person to be nominated by the All-India Council for
Technical Education;
(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, indus-
try, 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-
cerned with technical education shall be nominated by that Govern-
ment to act as the Secretary of the Council.

32. (i) Save as otherwise provided in this section, the term of Term of
office of,
office of a member of the Council shall be three years from the date vacancies
of his nomination or election, as the case may be. among, and
allowances
(2) The term of office of an ex officio member shall continue so payable to,
members of
long as he holds the office by virtue of which he is a member. Council.
(3) A member of the Council referred to in clause (h) of sub-
section (2) of section 31 shall hold office during the pleasure of the
Central Government.
(4) The term of office of a member elected under clause (Jc)
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 i'or the remainder of the term of the
member in whose place he has been nominated or elected.
(6) Notwithstanding anything contained in this section an out-
going member shall, unless the Central Government otherwise
directs, continue in office until another person is nominated or elected
as a member in his place. i
(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.
 688 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
Functions of
Council. 33. (1) It shall be the general duty of the Council to co-ordinate
the activities of all the Inslitutes.
(2) Without prejudice to the provisions of sub-section (I), 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 con-
ferred by the Institutes, admission standards and other academic
matters;
(b) to lay down policy regarding cadres, methods of recruit-
ment and conditions of service of employees, institution of
scholarships and frceships, 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 examine the annual budget 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 required, in respect of any
function to be performed by him under this Act; and
(f) to perform such other functions as are assigned to it by
or under this Act.

Cliainnan of 34. (I) The Chairman of the Council shall ordinarily preside at
Council.
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.
Power to 35. (1) The Central Government may make rules to carry out the
maka rules in
t ospect of purposes of this Chapter.
matters in
•hi* Chapter.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the follow-
ing matters, namely: —
(a) the manner of filling vacancies among the members of
the Council;
Sac. 1] THE GAZETTE OF INDIA EXTRAORDINARY 689

(b) the disqualifications for being chosen as, and for being,
a member of the Council;
(c) the circumstances in which, and the authority by which,
members may be removed;
(d) the meetings of the Council and the procedure of con-
ducting business thereat;
(e) the travelling and other allowances payable to members
of the Council; and
(f) the functions of the Council and the manner in which
such functions may be exercised.

CHAPTER IV
MlSCFXLANEOUS

36. No act of the Council, or any Institute or Board or Senate or Acts and pro-
ceedings not
any other body set up under this Act or the Statutes, shall be invalid to be invali-
merely by reason of-— dated by va-
cancies, 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.

37. If any difficulty arises in giving effect to the provisions of this Power
remove
to
Act, the Central Government may, by order published in the Official difficulties.
Gazette, make such provision or give such direction not inconsistent
with the purposes of this Act, as appears to it to be necessary or
expedient for removing the difficulty.
Transitional
38. Notwithstanding anything contained in this Act,— provisions.

(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;
(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 con-
stituted under this Act for that Institute;
 690 THE GAZETTE OP INDIA EXTBAORDINAEY [PART II

(c) until the first Statutes and the Ordinances are made
under this Act, the Statutes and Ordinances of the Indian Insti-
tute of Technology, Kharagpur as in force immediately before
the commencement of this Act shall continue to apply to that
Institute and shall, with the necessary modifications and adapta-
tions, also apply to any other Institute, in so far as they are not
inconsistent with the provisions of this Act.
5 of 1956,
Repeal and 39. (1) The Indian Institute of Technology (Kharagpur) Act, 1956
savings. is hereby repealed.
(2) Notwithstanding such repeal, the provisions of the said Act
set out in the Schedule shall continue to have effect:
Provided that in the said provisions, the expression "this Act"
mpnns thf said nrnvisinn'!
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 691

THE SCHEDULE
(See section 39)
Provisions of the Indian Institute of Technology (Kharagpur) Act,
1956, continued in force.
2. Whereas the objects of the institution known as the Indian Declaration
Institute o.:' Technology at Kharagpur in the district of Midnapore iii of the Indian
Institute of
the State of West Bengal are such as to make the institution one of Technology
national importance, it is hereby declared tha. the institution known (Kharagpur)
as an institu-
as the Indian Institute of Technology, Kharagpur, is an institution 0/ tion of
national
national importance. importance.

3. In this Act, unless the context otherwise requires,— Definition!.

(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;
(y) "Institute" means the Institute known as the Indian
Institute of Technology, Kharagpur, incorporated under this Act.
4. (2) The first Chairman, the first Director and the first members Incorpora-
of the Board who shall be the persons appointed in this behalf by tion.
the Central Government, by notification in the Official Gazette, and
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
seal, and shall sue and be sued by the said name.

5. (1) Subject to the provisions of this Act, every person who is Transfer of
permanently employed in the Indian Institute of Technology at service ot
Khnragpur immediately before the commencement of this Act shall, ployeesexisting em-
of
on and from such commencement, become an employee of the Insti- the Indian
Institute of
tute and shall hold his office or service therein by the same tenure, Technology
at the same remuneration and upon the same terms and conditions at Kharag-
and with the same rights and privileges as to pension, leave, gratuity, pur.
provident fund and other matters as he would have held the same on
the date of commencement of this Act if this Act had not been passed.
6jW THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

(2) Notwithstanding anything contained in sub-section (I), 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
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.

(3) Every person employed in the Indian Institute of Technology

at Kharagpur other than any such person as is referred to in sub-
section (1) shall, on and from the commencement of this Act become
an employee of the Institute upon such terms and conditions as may
be provided for in the Statutes, and until such provision is made, on
the terms and conditions applicable to him immediately before such
commencement.

R. C. S. SARKAR,
Secy, to the Govt. of India.

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS,

NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1961