The Indian Institute of Technology (Kharagpur) Bill, 1956
Total Page:16
File Type:pdf, Size:1020Kb
BW NO.3' of 19S' THE INDIAN INSTITUTE OF TECHNOLOGY (KHARAGPUR) BILL, 1956 (As INTRODUCID IN Lo~ SABRA) BUI Ne. " of 1M' THE INDIAN INSTITUTE OF TECHNOLOGY (KHARAGPUR) BILL, 1956 (As INTRODUCED IN LoK SABRA) • BILL to declare :the· institution known as the Indian Institute of Techno- logy, Kharagpur to be an institution of national importa.nce and to p1'ovide for its incorporation and matters connected there- with. BE it enacted by Parliament in the Seventh Year of the Repub- lic of India as follows:- 1. (1) This Act may be called the Indian Institute of Technology Shon title (Kharagpur) Act, 1956.. and com- mencemeat. S (2) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gaz~tte, appOint. Z. Whereas the' objects of the institution known as the Indian Declaration Institute of Technology at Kharagpur in the district of Midnapore rft~e Indiaa in the State of West Bengal are such as to make the institution one T=~icvof • 10 of national importance, it is hereby declared that the institution (KhaJ:aIpQr) known as the Indian Institute of Technology, Kharagpur is an insti- ~i~:U ms:;U- tution of national importance. natioDal . ~ portance. 3. In this Act, unless the context otherwise requires,- DefinitioDs. (a) "Academic Council" means the Academic Council of the IS Institute; (b) "Board" means the Board of Governors of the Institute; (c) "Chairman" means the Chairman of the Board; (d) "Deputy Director" means the Deputy Director of the Institute; 2 (e) ":Director" means the Director of the Institute; (f) "Finance Committee" means the Finance Committee of the Institute; (g) "Institute" means the Institute known "as the Indian Institute of Technology, Kharagpur. incorporated under this S Act; (h) "Registrar" means the Registrar of the Institute; (i) "Statutes" and "Ordinances" means respectively the Statutes and Ordinances of the Institute made under this Act. IDcorporatioa. - •• (1).Tbe first Chairman, the first Director and the first members 10 of ,the Board who shall be·the persons appointed in this behalf by 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 IS 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.. Transfer of 5. (1) Subject to the provisions of this Act, every person who is :::~ e:.~ permanently employed in the Indian Institute of Technology at 20 ployees o.f Kharagpur immediately before the commencement of this Act shall, ~~tituIt!d~ on and from such commencement, become an employee of the Insti- Technology tute and shall hold his office or service therein by the same tenure, ;~r~- at the same remuneration and upon the same terms and conditions and with the same rights 'ond privileges as to pension, leave, 2S gratuity, 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. (2) Notwithstanding anything contained in sub-section (1), the Institute may, with the prior approval of the Visitor, aUer the terms 30 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 bv 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 3S compensation equivalent to three months' remuneration. (3) Every person employed in the Indian Institute of 0 Techno- :lolY at Kharagpur other than any such person as is referred to in sub-section (1) shall, on and from toe commencement of this Act become an employee of the Institute upon such terms and condi- 40 3 tioJ\S as may be provided tor in the Statutes, and until such provi- sion is mede, on the terms and conditions applicable to him imme- diately before such ,commencement. S; ('1) The Institute sh. have the following powers, 1'l8IIlely.:- Powen of , the .Imti- lute. S «1) to provide for instruetion and research in such branchet of engineering and technology. applied sciences and applied arts, as the Institute may think fit, and for the advancement of learning and dissemination of knowledge in such branches; (b) 10 hold examinations and grant degrees, diplomas and 10 other academic distinctions or titles to persons in the minnel' laid down by or under this Act; (c) to confer honorary degrees or other distinctions under conditions laid down by the Statutes: (d) to fix and demand such fees and other charges as may IS be laid down by the Statutes; , (e) to establish, maintain and manage halls and hostels for the residence of students; (f) to supervise and control the residence and to regulate the discipline of stUdents of the Institute and to make arrange- 20 ments for promoting their health, general' welfare and cultural and corporate life; - • (g) to provide for the maintenance of units of the National Cadet Crops for the students of the Institute; 25 (h) to institute teaching" ~dministrative and ministerial posts and to ma~ appointments thereto (except in the case of the Director) in accordance with the Statutes; (i) to frame Statutes and Ordinances and to alter, modify or rescind the same in accordance with the procedure prescribed under this Act; . (j) to deal with any pr.rty.beionging to or vestecl in t11.e, Institute in such manner as the Institute may deem fit for ad- vancing., the objects of the Institute; (k) to receive gifts, grants, donations or benefactillDS from' the Government and to receive bequests, donations and trans- 3S fers of movable fr immovable properties from testators, donors or transferors, as the case may ,be; . (1) to co-operate with educational or other institutions In . any part of the world having .objects wbolly or partly similar • to those of the InsUtuteby exehance. of tea~hers, scholars and 4 generally in such manner as may be conducive to their common objects; (mJ to institute and award fellowships, scholarships, prizes and medals in accordance with the s.&tutes and Ordinances; 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), the Institute shan not dispose of in any manner any immovable pro- 10 perty, ·without the prior approval of the Visitor. ::":.::n : T. (1) The Institute shall be open to persons of either sex, and of aU races, whatever race, creed, caste or class, and no test or condition shan .e:!:. and be imposed as to religious belief or profession in admitting or ap- pointing members, students, teachers, workers or in any other con- IS nection whatsoever. (2) No benefaction shall hereafter be accepted by the Institute which in the opinion of the Board involves conditions or obligations opposed to the spirit and object of this section. rcac:hins a~ I. All teaching at the Institute shall be conducted by or in the 20 ~:e. Inltl- name of the Institute in accordance with the Statutes or Ordinances made in this behaU. Visitor. t. (1) The President of India shall be the Visitor of the Institute. .(2) The V~sitor may appoint one or more persons to review the work and progress of the Institute and to hold enquiries into the 2S aftairs thereof and to report thereon in such manner as the Visitor may direct. (3) Upon receipt of any Much 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 30 be bound to comply with such directions. Autho ri ties 10. The following shall be the authoriti.es of the Institute, of tbe namely:- . Inltitute. (a) the Board; • 1 . 't. (b) the Academic Council; , \ 3' (c) the Finance Committee; and (d) such other authorities as may be declared by the Sta- tutes to be the authorities of the, Institute. , • 11. The Board shall' consist of the following persons, namely:- The Boarc1. (a) the Chairman; ('b) one non-official to be nominated by the Central Gov- ernment; , (c) one person to be nominated by the All-India Council for Technical Education; (d) the Chairman, University Grants Commission, ex otfi.cioi (e) the Director of Scientific and Industrial Research, Gov- ernment of Indis" ex officio; 10 <f) the Director, ex officio; (g) three persons nominated by the Central Government, one to represent the Ministry of Education, another the Ministry of Finance and the third the other Ministries;. (h) two members of Parliament, one to be elected from IS among themselves by the members of the House of the People and the other from amo~g themselves by the members of the • Council of States. 12. (1) Save as otherwise provided in this section, the term of Tenn of office of a member of the Board shall be five years from the date of ~ce vaa::~ "0 his nomination or election as the case may be: cies amona .. memben of. Provid~ that the term of office of a member elected under clause the Board. (h) of section 11 shall come to an end as soon as he ceases to be a member of the House from which he was elected.