Section 1 Short title and commencement.
(1) This Act may be called the Institutes of TechnologyAct, 1961.
(2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint, and different dates may be appointed for different provisions of this Act.
Section 2 Declaration of certain institutions as institutions of national importance.
Whereas the objectsof the institutions known as the Indian Institute of Technology, Bombay, 1[the College of Engineering andTechnology, Delhi,] 2[the Indian Institute of Technology, Guwahati, Assam] the Indian Institute ofTechnology, 3[Kanpur, the Indian Institute of Technology, Madras 4[the Indian Institute of Technology,Roorkee]], the Indian Institute of Technology, Bhubaneswar, the Indian Institute of Technology, GandhiNagar, the Indian Institute of Technology, Hyderabad, the Indian Institute of Technology, Indore, theIndian Institute of Technology, Jodhpur, the Indian Institute of Technology, Mandi, the Indian Institute ofTechnology, Patna, the Indian Institute of Technology, Ropar 5[and the Indian Institute of Technology(Banaras Hindu University), Varanasi] are such as to make them institutions of national importance, it ishereby declared that each such institution is an institution of national importance.
Section 3 Definitions.
In this Act, unless the context otherwise requires,--
(a) "Board", in relation to any Institute, means the Board of Governors thereof;
(b) "Chairman" means the Chairman of the Board;
(c) "corresponding Institute" means,--
(i) in relation to the society known as the Indian Institute of Technology, Bombay, the IndianInstitute of Technology, Bombay;
1[(ia) in relation to the society known as the College of Engineering and Technology, Delhi,the Indian Institute of Technology, Delhi;]
2[(ib) in relation to the society known as the Indian Institute of Technology, Guwahati,Assam, the Indian Institute of Technology, Guwahati.]
(ii) in relation to the society known as the Indian Institute of Technology (Kanpur) Society,the Indian Institute of Technology, Kanpur, 3***
(iii) in relation to the society known as the Indian Institute of Technology, Madras, the IndianInstitute of Technology Madras;
4[(iv) in relation to the University of Roorkee, Roorkee, the Indian Institute of Technology,Roorkee;]
5[(v) in relation to the society known as the Indian Institute of Technology, Bhubaneswar, theIndian Institute of Technology, Bhubaneswar;
(vi) in relation to the society known as the Indian Institute of Technology, Gandhinagar, theIndian Institute of Technology, Gandhinagar;
(vii) in relation to the society known as the Indian Institute of Technology, Hyderabad, theIndian Institute of Technology, Hyderabad;
(viii) in relation to the society known as the Indian Institute of Technology, Indore, the IndianInstitute of Technology, Indore;
(ix) in relation to the society known as the Indian Institute of Technology, Rajasthan, theIndian Institute of Technology, Jodhpur;
(x) in relation to the society known as the Indian Institute of Technology, Mandi, the IndianInstitute of Technology, Mandi;
(xi) in relation to the society known as the Indian Institute of Technology, Patna, the IndianInstitute of Technology, Patna;
(xii) in relation to the society known as the Indian Institute of Technology, Punjab, the IndianInstitute of Technology, Ropar;
(xiii) in relation to the Institute of Technology, Banaras Hindu University, referred to inStatute 25(A)(1) of the Statutes set out in the Schedule to the Banaras Hindu UniversityAct, 1915 (16 of 1915), the Indian Institute of Technology (Banaras Hindu University),Varanasi;]
6[(xiv) in relation to the society known as the Indian Institute of Technology, Tirupati, theIndian Institute of Technology, Tirupati;
(xv) in relation to the society known as the Indian Institute of Technology, Palakkad, theIndian Institute of Technology, Palakkad;
(xvi) in relation to the society known as the Indian Institute of Technology, Goa, the IndianInstitute of Technology, Goa;
(xvii) in relation to the society known as the Indian Institute of Technology, Dharwar, theIndian Institute of Technology, Dharwad;
(xviii) in relation to the society known as the Indian Institute of Technology, Bhilai, theIndian Institute of Technology, Bhilai;
(xix) in relation to the society known as the Indian Institute of Technology, Jammu, the IndianInstitute of Technology, Jammu;
(xx) in relation to the society known as the Indian School of Mines, Dhanbad, the IndianInstitute of Technology (Indian School of Mines), Dhanbad.]
(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 Director thereof;
(g) "Institute" means any of the Institutions mentioned in section 2 and includes the IndianInstitute of Technology, Kharagpur, incorporated under the Indian Institute of Technology(Kharagpur) Act, 1956 (5 of 1956);
7[(ga) "Institute of Technology, Banaras Hindu University" means the Institute of TechnologyBanaras Hindu University, referred to in Statute 25(A)(1) of the Statutes set out in the Schedule to theBanaras Hindu University Act, 1915 (16 of 1915);]
8[(gb) "Indian School of Mines, Dhanbad" means the society known as the Indian School ofMines, Dhanbad;]
(h) "Registrar", in relation to any Institute, means the Registrar thereof;
(i) "Senate", in relation to any Institute, means the Senate thereof;
(j) "society" means any of the following societies registered under the Societies RegistrationAct, 1860, (21 of 1860) namely:--
(i) the Indian Institute of Technology, Bombay;
9[(ia) the College of Engineering and Technology, Delhi;]
10[(ib) the Indian Institute of Technology, Guwahati, Assam,]
(ii) the Indian Institute of Technology (Kanpur) Society;
(iii) the Indian Institute of Technology, Madras;
7[(iv) the Indian Institute of Technology, Bhubaneswar;
(v) the Indian Institute of Technology, Gandhinagar;
(vi) the Indian Institute of Technology, Hyderabad;
(vii) the Indian Institute of Technology, Indore;
(viii) the Indian Institute of Technology, Rajasthan;
(ix) the Indian Institute of Technology, Mandi;
(x) the Indian Institute of Technology, Patna;
(xi) the Indian Institute of Technology, Punjab;]
8[(xii) the Indian Institute of Technology, Tirupati;
(xiii) the Indian Institute of Technology, Palakkad;
(xiv) the Indian Institute of Technology, Goa;
(xv) the Indian Institute of Technology, Dharwad;
(xvi) the Indian Institute of Technology, Bhilai;
(xvii) the Indian Institute of Technology, Jammu;
(xviii) the Indian School of Mines, Dhanbad;]
(k) "Statutes" and "Ordinances", in relation to any Institute, mean the Statutes and Ordinances ofthe Institute made under this Act.
11[(l) "University of Roorkee" means the University of Roorkee established under the RoorkeeUniversity Act, 1947 (U.P. Act IX of 1948);]
12[(m) "zone", in relation to an Institute, means such group of States and Union territories as theCentral Government may, by notification in the Official Gazette, specify.]
Section 4 Incorporation of institutes.
(1) Each of the Institutes mentioned in section 2 shall be a bodycorporate having perpetual succession and a common seal and shall, by its name, sue and be sued.
1[(1A) The College of Engineering and Technology, Delhi shall, on such incorporation, be called theIndian Institute of Technology, Delhi
2[(1B) The Indian Institute of Technology, Guwahati Assam shall, on such incorporation, be calledthe Indian Institute of Technology, Guwahati.]
3[(1C) The University of Roorkee, Roorkee shall, on such incorporation, be called the Indian Instituteof Technology, Roorkee.]
4[(1D) The Institute of Technology, Banaras Hindu University shall, on such incorporation, be calledthe Indian Institute of Technology (Banaras Hindu University), Varanasi.]
5[(IE) The Indian School of Mines, Dhanbad shall, on such incorporation, be called the IndianInstitute of Technology (Indian School of Mines), Dhanbad.]
(2) The body corporate constituting each of the said Institutes shall consist of a Chairman, a Directorand other members of the Board for the time being of the Institute.
Section 5 Effect of incorporation of institutes.
On and from the commencement of this Act,--
(a) any reference to a society in any law (other than this Act) or in any contract or otherinstrument 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 thecorresponding Institute;
(c) all the rights and liabilities of a society shall be transferred to, and be the rights and liabilitiesof, the corresponding Institute; and
(d) every person employed by a society immediately before such commencement shall hold hisoffice or service in the corresponding Institute by the same tenure, at the same remuneration and uponthe same terms and conditions and with the same rights and privileges as to pension, leave, gratuity,provident fund and other matters as he would have held the same if this Act had not been passed, andshall 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 alternation so made is not acceptable to such employee, his employment maybe terminated by the Institute in accordance with the terms of the contract with the employee or, if noprovision is made therein in this behalf, on payment to him by the Institute of compensationequivalent to three months' remuneration in the case of permanent employees and one month'sremuneration in the case of other employees.
1[2[Explanation 1.]--The reference in the section to the commencement of this Act shall beconstrued in relation to the Indian Institute of Technology, Guwahati as the reference to the date onwhich the provisions of the Institutes of Technology (Amendment) Act, 1994) come into force.]
3[Explanation 2.The reference in this section to the commencement of this Act shall beconstrued in relation to the Indian Institute of Technology, Bhubaneswar, the Indian Institute ofTechnology, Gandhinagar, the Indian Institute of Technology, Hyderabad, the Indian Institute ofTechnology, Indore, the Indian Institute of Technology, Jodhpur, the Indian Institute of Technology,Mandi, the Indian Institute of Technology, Patna and the Indian Institute of Technology, Ropar, as thereference to the date on which the provisions of the Institutes of Technology (Amendment) Act, 2012come into force.]
4[Explanation 3.--The reference in this section to the commencement of this Act shall beconstrued in relation to the Indian Institute of Technology, Tirupati, the Indian Institute ofTechnology, Palakkad, the Indian Institute of Technology, Goa, the Indian Institute of Technology,Dharwad, the Indian Institute of Technology, Bhilai, the Indian Institute of Technology, Jammu, andthe Indian Institute of Technology (Indian School of Mines) Dhanbad, as the reference to the date onwhich the provisions of the Institutes of Technology (Amendment) Act, 2016 come into force.]
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