Section 1 Short title and commencement.
(1) This Act may be called the National 1[Institutes] of Design Act,2014.
(2) It shall come into force on such date 2as 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.
1[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 importance].
Section 3 Definitions.
In this Act, unless the context otherwise requires,--
(a) "Chairperson" means the Chairperson of the Governing Council nominated under clause (a)of section 11;
(b) "Dean", in relation to any Institute campus, means the Dean of such Institute campus;
(c) "design" means a rational, logical and sequential innovative process for the purpose oftransferring culture to viable products and services and for providing a competitive edge to productsand services, and includes industrial design, communication design, textile and apparel design,lifestyle design, experiential design, exhibition design, craft and traditional sector design;
1[(d) "Director", in relation to any Institute, means the Director of such Institute as appointed under section 18;]
2[(e) "Fund", in relation to any Institute, means the Fund of such Institute as maintained undersection 23;]
3[(f) "Governing Council", in relation to any Institute, means the Governing Council of suchInstitute as constituted under section 11;]
4[(g) "Institute" means any of the institutions mentioned in column (4) of the Schedule;]
5[(h) "Institute campus" means the campus of an Institute as may be established by such Instituteat any place within India or outside India;]
(i) "notification" means a notification published in the Official Gazette;
(j) "prescribed" means prescribed by rules made under this Act;
6[(k) "Registrar" in relation to any Institute, means the Registrar of such Institute as appointedunder section 20];
7[(ka) "Schedule" means the Schedule annexed to this Act;]
8[(l) "Senate", in relation to any Institute, means the Senate of such Institute;]
9[(m) "Society" means any of the societies registered under the Societies Registration Act, 1860(21 of 1860), and mentioned in column (3) of the Schedule;]
10[(n) "Statutes" and "Ordinances", in relation to any Institute, mean the Statutes and theOrdinances of such Institute made under this Act.]
Section 4 Incorporation of Institute.
1[(1) Each Institute shall be a body corporate by the same name asas mentioned in column (4) of the Schedule.
(2) Each Institute shall have perpetual succession and a common seal, with power, subject to theprovisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and tocontract and shall, by the said name, sue or be sued.
(3) The body corporate constituting each Institute shall consist of a Chairperson, Director and othermembers of the Governing Council for the time being, of the Institute.
(4) Any Institute may establish an Institute campus at such place within India or outside India, as itmay deem fit:
Provided that each campus of the National Institute of Design, Ahmedabad, established before thecommencement of this Act, at Bengaluru in the State of Karnataka and at Gandhinagar in the State ofGujarat, shall be deemed to be the Institute campus thereof.
Explanation.--The reference in this sub-section to the commencement of this Act shall, in relation tothe National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014.]
Section 5 Effect of incorporation of the Institute.
On and from the date of commencement of thisAct,--
1[(a) any reference to the Society mentioned in column (3) of the Schedule in any law or in any contract or other instrument shall be deemed as a reference to the corresponding Institute mentioned in column (4) thereof;];
(b) all property, movable and immovable of, or belonging to, the Society, shall vest in theInstitute;
(c) all the rights and liabilities of the Society shall be transferred to, and be, the rights andliabilities of, the Institute;
(d) any reference to any campus of the Institute, established before the commencement of thisAct, shall be deemed as a reference to that Institute campus;
(e) every person employed by the Society, immediately before such commencement, shall holdhis office or service in the Institute including the Institute campuses, 2*** by the same tenure, at 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 the same, if this Acthad not been enacted, and shall continue to be so, unless and until his employment is terminated oruntil such tenure, 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 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 employee and one monthsremuneration in the case of other employee.
3[Explanation I.--The reference in this section to the commencement of this Act shall, in relationto the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014.
Explanation II.--The reference in this section to the commencement of this Act shall, in relationto the National Institutes of Design in the States of Madhya Pradesh, Assam, Haryana and AndhraPradesh, be construed as the reference to the date on which the provisions of the National Institute ofDesign (Amendment) Act, 2019 comes into force.]
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