An Act to declare certain institutions of Food Technology, Entrepreneurship and Management to be the institutions of national importance and to provide for instructions and research in food technology, entrepreneurship and management and for the advancement of learning and dissemination of knowledge in such branches and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:--
(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.
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.
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.
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.
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.
(1) Subject to the provisions of this Act, each Institute shallexercise the following powers and perform the following functions, namely:--
(a) to provide for instruction and research in such branches of food science and food technology,and any other branches of engineering, technology, science and management as the Institute maythink fit, and for the advancement of learning and dissemination of knowledge in such branches;
(b) to hold examinations and grant degrees, diplomas, certificates and other academic distinctionsor 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 discipline of all categories of employees and students of theInstitute and to make arrangements for promoting their health, general welfare, cultural and corporatelife;
(g) to provide for the maintenance of units of the National Cadet Corps for the students;
(h) to institute academic and other posts and to make appointments thereto except the Director;
(i) to deal with any property belonging to or vested in the Institute in such manner as the Institutemay deem fit for advancing the objects of the Institute;
(j) to receive gifts, grants, donations or benefactions from the Government and to receivebequests, donations and transfers of movable or immovable property from testators, donors ortransferors, as the case may be;
(k) to co-operate and collaborate with educational or other institutions in any part of the worldhaving objects wholly or partly similar to those of the Institute by exchange of teachers and scholarsand generally in such manner as may be conducive to their common objects;
(l) to institute and award fellowships, scholarships, exhibitions, prizes and medals; and
(m) to do all such things as may be necessary, incidental or conducive to the attainment of all orany of the objects of the Institute.
(2) Notwithstanding anything contained in sub-section (1), an Institute shall not dispose of in anymanner any immovable property without the prior approval of the Central Government.
(1) Each Institute shall be open to allpersons irrespective of gender, race, creed, caste or class, and no test or condition shall be imposed as toreligious belief or profession in admitting or appointing members, students, teachers, officers, employeesor workers or in any other connection whatsoever.
(2) No bequest, donation or transfer of any property shall be accepted by any Institute, which in theopinion of the Council involves conditions or obligations opposed to the spirit and object of this section.
(3) The admission to every academic course or programme of study in each Institute shall be based onmerit, assessed through transparent and reasonable criteria disclosed through its prospectus, prior to thecommencement of the process of admission by such Institute:
Provided that nothing in this section shall be deemed to prevent the Institute from making specialprovisions for the employment or admission of women, persons with disabilities or for persons belongingto any socially and educationally backward classes of citizens and, in particular, for the Scheduled Castesand the Scheduled Tribes:
Provided further that each such Institute shall be a Central Educational Institution for the purposes ofthe Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007).
(1) Each Institute shall be a not-for-profit legal entityand no part of the surplus, if any, in revenue of the Institute, after meeting all expenditures in regard to itsoperations under this Act, shall be invested for any purpose other than for the growth and development ofthe Institute or for conducting research therein.
(2) Each Institute shall strive to raise funds for self-sufficiency and sustainability.
All teaching at each of the Institutes shall be conducted by or in the nameof the Institute in accordance with the Statutes and Ordinances made in this behalf.
The following shall be the authorities of an Institute, namely:--
(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 Institute.
(1) The Board of Governors of each Institute shall be the principalexecutive body of that Institute.
(2) The Board of each Institute shall consist of the following Members, namely:--
(a) a Chairperson, from amongst eminent persons distinguished in the field of food industry oreducation or food science or food processing technology or management or such other field, to beappointed by the Central Government;
(b) the Director of the Institute --- Member, ex officio;
(c) the Chairperson of the Food Safety and --- Member, ex officio;
Standards Authority of India or his nominee
(d) the Director-General of the Indian -- Member, ex officio;
Council of Agricultural Research or his nominee
(e) one representative, not below the rank of --- Member, ex officio;
a Director, of the Ministry or Department of theCentral Government dealing with FoodProcessing Industries
(f) two representatives having special --- Members;
knowledge in the field of food processingindustry to be nominated by the CentralGovernment
(g) one representative from an Indian --- Member, ex officio;Institute of Management
(h) one representative from an Indian ---Member,ex officio;Institute of Technology
(i) the Dean of Faculty of the Institute, if any --- Member, ex officio;
(j) Secretary to the Government of India in --- Member, ex officio;
the Department of Higher Education or hisnominee
(k) three faculty members of the Institute --- Member, ex officio;
from amongst Professors, Associate Professorsand Assistant Professors, by rotation of seniority
(l) one nominee of the concerned State --- Member, ex officio; and
Government not below the rank of a JointSecretary
(m) Registrar of the Institute --- Member-Secretary, ex officio.
(3) The Chairperson shall have the power to invite any number of experts, not being members of theBoard, to attend meetings of the Board, but such invitees shall not be entitled to vote at the meeting.
(1) Subject to the provisions of this Act, the Board of eachInstitute shall be responsible for the general superintendence, direction and control of the affairs of theInstitute and shall exercise all the powers of the Institute not otherwise provided for by this Act, theStatutes 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 each Institute shall exercisethe following powers and perform the following functions, namely:--
(a) to take decision on questions of policy relating to the administration and working of theInstitute;
(b) to examine and approve the annual budget estimates of the Institute;
(c) to examine and approve the plan for development of the Institute and to identify sources offinance for implementation of the plan;
(d) to establish departments, faculties or schools of studies and initiate programmes or courses ofstudy at the Institute;
(e) to set-up centres of food processing studies and allied areas within the country after approvalof the Central Government;
(f) to grant degrees, diplomas and other academic distinctions or titles, and to institute and awardfellowships, scholarships, prizes and medals;
(g) to confer honorary degrees in such manner as may be specified by the Statutes;
(h) to grant honorary awards and other distinctions;
(i) to create academic, administrative, technical and other posts and determine, by Statutes, thequalification, classification, terms and conditions of service and method of appointment of such posts;
(j) to set-up centres of food processing studies and allied areas outside India in accordance withthe guidelines laid down by the Central Government from time to time and in accordance with theprovisions of the laws for the time being in force in such foreign country;
(k) to pay, variable pay to the Director of the Institute on the basis of performance objectives asmay be specified by the Statutes;
(l) to make, amend and repeal the Statutes;
(m) to consider and modify or cancel the Ordinances; and
(n) to exercise such other powers and perform such other functions as may be conferred on orassigned to it by this Act or the Statutes.
(3) Subject to the provisions of this Act, the Board may, by Statutes, delegate such powers andfunctions of the Board to the Director as it may deem fit.
(4) The Board shall conduct an annual review of the performance of the Director, in the context of theachievements of objects of the Institute:
Provided that such review shall include performance review of faculty members of the Institute onsuch parameters, periodicity and terms of reference as may be determined by the Board.
(5) The Board shall, through an independent agency or group of experts, within a period of threeyears from the date of incorporation of the Institute, and thereafter at least once every three years, evaluate and review the performance of the Institute, including its faculty, on the parameters of long termstrategy and rolling plans of the Institute and such other parameters as the Board may decide and thereport of such review shall be placed in public domain.
(6) The qualifications, experience and the manner of selection of the independent agency or group ofexperts, referred to in sub-section (5), shall be such as may be specified by the Statutes.
(7) The report of the evaluation and review under sub-section (5) shall be submitted by the Board tothe Central Government along with an action taken report:
Provided that the Central Government may after considering the report, give suggestions to the Boardfor further actions to be taken by it.
(8) Where in the opinion of the Chairperson or the Director, the situation is so emergent that animmediate decision needs to be taken in the interest of the Institute, the Chairperson, in consultation withthe Director, may issue such orders as may be necessary after recording the grounds for his opinion:
Provided that such orders shall be submitted for ratification by the Board in the next meeting.
(9) The Board shall, in exercise of its powers and discharge of its functions under this Act, beaccountable to the Central Government, and the Central Government may issue directions to the Board inpublic interest on the matters of policy.
(10) The Board shall have the power to appoint such Committees as it considers necessary for theexercise of its powers and performance of its functions under this Act.
(1)Save as otherwise provided in this section, the term of office of the Chairperson or a Member, other thanan ex officio Member, shall be for a period of three years from the date of his appointment or nomination.
(2) The term of office of an ex officio Member shall continue so long as he holds the office by virtueof which he is a member of the Board.
(3) Notwithstanding anything contained in this section, an outgoing Member, other than an ex officioMember, shall, unless the Council otherwise directs, continue in office until another person is nominatedas a Member in his place or until the expiry of six months whichever is earlier.
(4) The Members of the Board, other than an ex officio Member, shall be entitled to such allowances,as may be provided by the Statutes.
When a vacancy occurs in the office of the Chairperson or Memberwhether by reason of removal, resignation, death or otherwise, such vacancy shall be filled within aperiod of six months from the date of such vacancy in accordance with the provisions of section 11.
The Chairperson or a Member, other than an ex officio Member,may, by notice in writing under his hand addressed to the Central Government, resign his office:
Provided that the Chairperson or a Member, other than an ex officio Member, shall, unless he ispermitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of six months from the date of receipt of such notice or until a person duly appointed as hissuccessor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(1) The Senate shall be the principal academic body of the Institute, consisting of thefollowing persons, namely:--
(a) the Director --- Chairperson, ex officio;
(b) the Registrar --- Member,ex officio;
(c) all full time faculty at the level of -- Member,ex officio;
Professors appointed or recognised assuch by the Institute for the purpose ofimparting instructions in the Institute
(d) three persons, not being employees of --- Members; and
the Institute, to be nominated by theBoard in consultation with the Directorfrom amongst academicians of repute, oneeach from the fields of food science,management and food technology
(e) such other members of the staff as --- Members, ex officio;
may be laid down in the Statutes
(2) The term of office of a Member nominated under clause (d) of sub-section (1) shall be two yearsfrom the date of his nomination.
(3) The term of office of an ex officio Member shall continue so long as he holds the office by virtueof which he is a Member.
Subject to the provisions of this Act, the Statutes and the Ordinances, theSenate of an Institute shall have the control and general regulation, and be responsible for themaintenance of standards of instruction, education and examination in the Institute and shall exercise suchother powers and perform such other functions as may be conferred on or assigned to it by the Statutes.
(1) The Chairperson shall ordinarily preside at themeetings 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 areimplemented.
(3) The Chairperson shall exercise such other powers and perform such other functions as may beconferred on or assigned to him by this Act or the Statutes.
(1) The Director shall be appointed by the Board.
(2) The Director shall be the principal academic and executive officer of the Institute and shall beresponsible for the proper administration of the Institute and for imparting of instruction and maintenanceof 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 functions as may beconferred on or assigned to him by this Act or the Statutes or Ordinances.
(1) The Registrar of each Institute shall be appointed on such terms and conditions asmay be laid down by the Statutes and shall be the custodian of the records, common seal, funds of theInstitute 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 bespecified 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 functions as may beconferred on or assigned to him by this Act or the Statutes or by the Director.
The powers and functions of other authorities and officers,other than those mentioned above, shall be such as may be determined by the Statutes.
All appointments of the staff of every Institute shall be made in accordancewith the procedure laid down in the Statutes, by--
(a) the Board, if the appointment is of the academic staff in the post of Assistant Professor orabove or if the appointment is of the non-academic staff in any post which is above level 7 in the paymatrix; and
(b) the Director, in any other case.
Subject to the provisions of this Act, the Statutes may provide for all or any of thefollowing 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 admission to theexaminations for degrees and diplomas of the Institute;
(d) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(e) the qualifications, classification, terms and conditions of service and method of appointmentto academic, administrative, technical and other posts;
(f) the constitution of pension, insurance and provident funds for the benefit of the officers,teachers and other staff of the Institute;
(g) the constitution, powers and functions of the authorities of the Institute;
(h) the establishment and maintenance of halls and hostels;
(i) the conditions for residence of students of the Institute and charging of fees for residence inthe halls and hostels and other charges;
(j) the manner of filling up the vacancies of Members of the Board;
(k) the allowances to be paid to the Chairperson and Members of the Board;
(l) the authentication of the orders and decisions of the Board;
(m) the financial accountability of the Institute;
(n) the meetings of the Board, the Senate, or any Committee, the quorum at such meetings and theprocedure to be followed in the conduct of their business; and
(o) any other matter which, by this Act, is required to be, or may be, specified by the Statutes.
(1) The first Statutes of each Institute shall be framed by the Council withthe previous approval of the Central Government and a copy of the same shall be laid as soon as may beafter they are made before each House of Parliament.
(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal theStatutes in the manner hereafter provided in this section.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of Statute shall requirethe previous approval of the Central Government which may approve it or remit it to the Board forconsideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unlessit has been approved by the Central Government.
Subject to the provisions of this Act and the Statutes, the Ordinances of theInstitute 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 tothe 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 andmoderators;
(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 provided for by theOrdinances.
(1) Save as otherwise provided in this section, the Ordinances shall bemade by the Senate.
(2) All Ordinances made by the Senate shall have effect from such date as it may direct, but everyOrdinance so made shall be submitted, as soon as may be after it is made, to the Board and shall beconsidered by the Board at its next meeting.
(3) The Board shall have power by resolution to modify or cancel any Ordinance and such Ordinanceshall from the date of such resolution stand modified accordingly or cancelled, as the case may be.
(1) Any dispute arising out of a contract between the Institute and anyof its employees shall, at the request of the employee concerned or at the instance of the Institute, bereferred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one membernominated by the employee concerned, and an umpire appointed by the Central Government.
(2) The decision of the Tribunal of Arbitration shall be final, and no suit shall lie in any civil court inrespect of the matters decided by the said Tribunal:
Provided that nothing in this sub-section shall preclude the employee or the Institute, as the case maybe, from availing the judicial remedies available under articles 32 and 226 of the Constitution.
(3) The Tribunal of Arbitration shall have power to regulate its own procedure.
(4) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrationsunder this section.
(1) With effect from such date as the Central Government may, bynotification, 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, namely:--
(a) the Minister in-charge of Food --- Chairperson, ex officio
Processing Industries, Central Government
(b) the Minister of the State for Food --- member, ex officio
Processing Industries, Central Government
(c) Chairperson, Food Safety and Standards --- member, ex officio
Authority of India
(d) the Secretary to the Government of India --- member, ex officio
in-charge of the Ministry or Department ofthe Central Government dealing withFinance
(e) the Chief Executive Officer, National --- member, ex officio
Institution for Transforming India
(f) the Secretary to the Government of India --- member, ex officio
in-charge of the Ministry or Department ofthe Central Government dealing with HigherEducation
(g) three representatives of eminence from --- members;
Food Processing Industry to be nominated bythe Chairperson of the Council
(h) three eminent academicians known for --- members;
their contribution in the field of foodprocessing, to be nominated by theChairperson of the Council
(i) three Members of Parliament, of whom --- members;
two shall be elected by the House of thePeople and one by the Council of States
Provided that the office of member of the Council shall not disqualify its holder for being chosen asor for being a Member of either House of Parliament;
(j) the Secretary to the Government of India --- Member-Secretary, ex officio
in-charge of the Ministry of the CentralGovernment dealing with Food ProcessingIndustries
(3) The Central Government may, by order, designate one amongst the members as Vice-chairpersonto the Council.
(1)Save as otherwise provided in this section, the term of office of a member of the Council, other than anex officio member, shall be for a period of three years from the date of his nomination:
Provided that the term of member referred to in clause (i) of sub-section (2) of section 28 shall cometo an end as soon as the member becomes a Minister or Minister of State or Deputy Minister or theSpeaker or the Deputy Speaker of the House of the people or the Deputy Chairman of the Council ofStates or ceases to be a Member of the House from which he was elected.
(2) The term of office of an ex officio member shall continue so long as he holds the office by virtueof which he is a member.
(3) The members of the Council referred to in clauses (g) and (h) of sub-section (2) of section 28 shallhold office during the pleasure of the Central Government.
(4) The vacancy of a member of the Council, other than an ex officio member, shall be filled up insuch manner as may be prescribed.
(5) The term of office of a member nominated to fill a casual vacancy shall continue for theremainder of the term of the member in whose place he has been so nominated.
(6) Notwithstanding anything contained in this section, an outgoing member, other than an ex officiomember, shall, unless the Central Government otherwise directs, continue in office until another person isnominated as a member in his place or until the expiry of six months whichever is earlier.
(7) The members of the Council, other than ex officio members, shall be paid such travelling andother allowances as may be provided by the Statutes.
(8) A member of the Council other than an ex officio member may be removed from his office by theCentral Government in such circumstances and manner as may be prescribed.
(1) It shall be the general function of the Council to co-ordinate theactivities of all the Institutes and it shall facilitate the sharing of experiences, ideas and concerns with aview to enhance the performance of the Institutes.
(2) Without prejudice to the provisions of sub-section (1), the Council shall perform the followingfunctions, namely:--
(a) to lay down broader policy framework for the functioning of the Institutes;
(b) to recommend to the Central Government, the institution of scholarships including forresearch and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes andother socially and educationally backward classes of citizens;
(c) to deliberate on such matters of common interest to Institutes as may be referred to it by anInstitute;
(d) to promote necessary coordination and co-operation in the working of the Institutes;
(e) to review the achievement of policy objectives; and
(f) to perform such other functions as may be prescribed.
The Council shall meet at such time and place and follow such procedurein its meetings (including quorum at such meetings) as may be prescribed.
For the purpose of enabling the Institutes to discharge theirfunctions efficiently under this Act, the Central Government may, after due appropriation made byParliament by law in this behalf, pay to each of the Institute in each financial year such sums of moneyand in such manner as it may think fit
(1) Each Institute shall maintain a Fund to which shall be 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, bequestsor 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 each Institute shall be deposited in such banks or invested insuch manner as the Institute may, with the approval of the Board, decide.
(3) The Fund of each Institute shall be applied towards meeting the expenses of the Institute includingexpenses incurred in the exercise of its powers and discharge of its functions under this Act.
(1) Each Institute shall maintain proper accounts and other relevantrecords and prepare an annual statement of accounts including the balance sheet in such form and manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of each Institute shall be audited by the Comptroller and Auditor-General of Indiaand any expenditure incurred by him in connection with such audit shall be payable by the Institute to theComptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connectionwith the audit of the accounts of any Institute shall have the same rights, privileges and authority inconnection with such audit as the Comptroller and Auditor-General of India has in connection with theaudit of the Government accounts, and, in particular shall have the right to demand the production ofbooks, accounts, connected vouchers and other documents and papers and to inspect the offices of theInstitute.
(4) The accounts of each Institute as certified by the Comptroller and Auditor-General of India or anyother person appointed by him in this behalf together with the audit report thereon shall be forwardedannually to the Central Government and that Government shall cause the same to be laid before eachHouse of Parliament in accordance with such procedure as may be laid down by the Central Government.
(1) Each Institute shall constitute for the benefit ofits employees, including the Director, in such manner and subject to such conditions as may be specifiedby the Statutes, such pension, insurance and provident funds as it may deem fit.
(2) Where the provident fund referred to in sub-section (1) has been constituted, the CentralGovernment may declare that the provision of the Provident Funds Act, 1925 (19 of 1925) shall apply tosuch fund as if it were a Government Provident Fund.
No act of the Council, or anyInstitute, or Board, or Senate or any other Committee set up under this Act or the Statutes shall be invalidmerely by reason of--
(a) any vacancy in, or defect in, the constitution thereof; or
(b) any defect in the nomination or appointment of a person acting as member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
No suit, prosecution or other legal proceeding shalllie against the Chairperson or Members of the Board, Senate or Council or any officer or employee of theInstitute for anything which is in good faith done or intended to be done in pursuance of the provisions ofthis Act, the Statutes or the Ordinances.
(1) The Central Government may, by notification, make rules to carryout the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--
(a) the manner of filling up the vacancy under sub-section (4) of section 29;
(b) the circumstances and the manner in which a member of the Council may be removed fromhis office under sub-section (8) of section 29;
(c) the other functions of the Council under clause (f) of sub-section (2) of section 30;
(d) the time and place of meeting of the Council, its quorum and the procedure for conductingbusiness therein under section 31;
(e) the form and manner in which the annual statement of accounts including the balance sheetshall be prepared under sub-section (1) of section 34; and
(f) any other matter which is required to be, or may be, prescribed
(1) Every rule, every Statute and every Ordinance made under this Act shall be publishedin the Official Gazette.
(2) Every rule, every Statute and every Ordinance made under this Act shall be laid, as soon as maybe, after it is made, before each House of Parliament, while it is in session, for a total period of thirty dayswhich may be comprised in one session or in two or more successive sessions, and if, before the expiry ofthe session immediately following the session or the successive sessions aforesaid, both Houses agree inmaking any modification in the rule, Statute or Ordinance or both Houses agree that the rule, Statute orOrdinance should not be made, the rule, Statute or Ordinance shall thereafter have effect only in suchmodified form or be of no effect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previously done under that rule, Statuteor Ordinance.
(1) If any difficulty arises in giving effect to the provisions ofthis Act, the Central Government may, by order published in the Official Gazette, make such provisionsnot inconsistent with the provisions of this Act as may appear to it to be necessary or expedient forremoving the difficulty:
Provided that no order shall be made under this section after the expiry of three years from the date ofcommencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before eachHouse of Parliament.
Notwithstanding anything contained in this Act,--
(a) the Board of Governors of an Institute functioning as such immediately before thecommencement of this Act shall continue to function until a new Board is constituted for that Instituteunder this Act, but on the constitution of a new Board under this Act, the members of the existingBoard holding office before such constitution shall cease to hold office;
(b) until the first Statutes and Ordinances are made under this Act, the Statutes and Ordinances ofthe existing Institutes, as in force immediately before the commencement of this Act, shall continue toapply to the corresponding Institutes in so far as they are not inconsistent with the provisions of thisAct.