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The National Institutes of Food Technology, Entrepreneurship and Management Act, 2021.

Year of Passage: 2021 | Type: Bare Act

Section 1 Short title and commencement.

(1) This Act may be called the National Institutes of FoodTechnology, Entrepreneurship and Management Act, 2021. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any referencein any such provision to the commencement of this Act shall be construed as a reference to the cominginto force of that provision.

Section 2 Declaration of certain Institutes as institutions of national importance.

Whereas the objectsof the Institutes mentioned in the Schedule are such as to make them institutions of national importance, itis hereby declared that each such Institute is an institution of national importance.

Section 3 Definitions.

In this Act, unless the context otherwise requires,-- (a) "Board" in relation to an Institute means the Board of Governors referred to in section 11; (b) "Chairperson" means the Chairperson of the Board; (c) "corresponding Institute" in relation to an Institute mentioned in column (2) of the Schedule,means an Institute as specified in column (3) of the said Schedule; (d) "Council" means the Council established under section 28; (e) "Director" means the Director of the Institute appointed under section 19; (f) "existing Institute" means an Institute mentioned in column (2) of the Schedule; (g) "Fund" means the Fund of the Institute to be maintained under section 33; (h) "Institute" means the Institute mentioned in column (3) of the Schedule; (i) "Member" means a Member of the Board and includes the Chairperson; (j) "notification" means a notification published in the Official Gazette; (k) "prescribed" means prescribed by rules made under this Act; (l) "Registrar" means the Registrar of the Institute appointed under section 20; (m) "Schedule" means the Schedule appended to this Act; (n) "Senate" means the Senate of the Institute referred to in section 16; (o) "Society" means the existing Institute registered as a Society under the Societies RegistrationAct, 1860 (21 of 1860); and (p) "Statutes and Ordinances" in relation to any Institute means, the Statutes and Ordinances ofthat Institute made under this Act.

Section 4 Incorporation of Institutes.

On and from the date of commencement of this Act, each of theInstitute mentioned in column (3) of the Schedule shall be a body corporate, having perpetual successionand a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose ofproperty, both movable and immovable, and to contract and shall, by the said name, sue or be sued.

Section 5 Effect of incorporation of Institutes.

On and from the date of commencement of this Act,-- (a) any reference to an existing Institute in any other law for the time being in force or in anycontract or other instrument shall be deemed as a reference to the corresponding Institute; (b) all properties, movable and immovable, of or belonging to an existing Institute shall vest inthe corresponding Institute; (c) all rights and liabilities of an existing Institute shall be transferred to, and be the rights andliabilities of the corresponding Institute; (d) every person employed by an existing Institute immediately before such commencement shallhold his office or service in the corresponding Institute, with the same tenure, for the sameremuneration and upon the same terms and conditions and with the same rights and privileges as topension, leave, gratuity, provident fund and other matters as he would have held had this Act not beenenacted, and shall continue to do so unless and until his employment is terminated or until suchtenure, remuneration, terms and conditions are duly altered by the Statutes: Provided that if the alteration so made is not acceptable to such employee, his employment maybe terminated by the Institute in accordance with the terms and conditions of the contract with thesaid employee or, if no provision is made therein in this behalf, on payment to him by the Institute, ofcompensation equivalent to three months' remuneration in case of permanent employee and onemonth's remuneration in the case of other employee: Provided further that any reference, by whatever form of words, to the Director or Vice-Chancellor, and other officers of an existing Institute under any law for the time being in force, or anyinstrument or other document, shall be construed as a reference to the Director, and other officers ofthe corresponding Institute; (e) every person pursuing, before commencement of this Act, any academic or research course inan existing Institute, shall be deemed to have migrated and registered with the correspondingInstitute, on such commencement at the same level of course in the Institute from which such personmigrated; and (f) all suits and other legal proceedings instituted or which could have been instituted by oragainst an existing Institute, immediately before the commencement of this Act, shall be continued orinstituted by or against the corresponding Institute.
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