Title : THE INSTITUTES OF TECHNOLOGY ACT, 1961 Year : 1961
4.Incorporation of institutes.
4. Incorporation of institutes. (1) Each of the Institutes mentioned in section 2 shall be a body corporate 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 the Indian Institute of Technology, Delhi.]
2*["(1B) The Indian Institute of Technology, Guwahati, Assam shall, on such incorporation, be called the Indian Institute of
(2) The body corporate constituting each of the said Institutes shall consist of a Chairman, a Director and other members of the Board for the time being of the Institute.
1. Ins. by Act 29 of 1963, s. 4 (w.e.f. 13-9-1963).
2. Ins by Act 35 of 1994, s. 4 (w.e.f. 1-9-1994).
151.5.Effect of incorporation of institutes.
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 other instrument 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 the corresponding Institute;
(c) all the rights and liabilities of a society shall be transferred to, and be the rights and liabilities of, the corresponding Institute; and
(d) every person employed by a society immediately before such commencement shall hold his office or service in the corresponding Institute by the same tenure, at the same remuneration and upon the 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, and shall 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 alteration so made is not acceptable to such employee, his employment may be terminated by 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 compensation equivalent to three months remuneration in the case of permanent employees and one months remuneration in the case of other employees.
1*["Explanation.--The reference in this section to the ccommence-
ment of this Act shall be construed in relation to the Indian
Institute of Technology, Guwahati as the reference to the date on which the provisions of the Institutes of Technology (Amendment) Act,
1994 come into force."]
6.Powers of Institutes.
6. Powers of Institutes. (1) Subject to the provisions of this
Act, every Institute shall exercise the following powers and perform the following duties, namely:-
(a) to provide for instruction and research in such branches of engineering and technology, sciences and arts, as the Institute may think fit, and for the advancement of learning and dissemination of knowledge in such branches;
(b) to hold examinations and grant degrees, diplomas and other academic distinctions or titles;
(c) to confer honorary degrees or other distinctions;
1* * * * *
1. Ins. by Act 35 of 1994, s. 5 (w.e.f. 1-9-1994).
152.(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 residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and corporate life;
(g) to provide for the maintenance of units of the National
Cadet Corps for the students of the Institute;
(h) to institute academic and other posts and to make appointments thereto (except in the case of the
(i) to frame Statutes and Ordinances and to alter, modify or rescind the same;
(j) to deal with any property belonging to or vested in the
Institute in such manner as the Institute may deem fit for advancing the objects of the Institute;
(k) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from testators, donors or transferors, as the case may be;
(l) to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects;
(m) to institute and award fellowships, scholarships, exhibitions, prizes and medals; 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), an
Institute shall not dispose of in any manner any immovable property without the prior approval of the Visitor.
7.Institutes to be open to all races, creeds and classes.
7. Institutes to be open to all races, creeds and classes. (1)
Every Institute shall be open to persons of either sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever.
153.(2) No bequest, donation or transfer of any property shall be accepted by any Institute which in the opinion of the Council involves conditions or obligations opposed to the spirit and object of this section.
8.Teaching at Institute.
8. Teaching at Institute. All teaching at each of the Institutes shall be conducted by or in the name of the Institute in accordance with the Statutes and Ordinances made in this behalf.
9. Visitor. (1) The President of India shall be the Visitor of every Institute.
(2) The Visitor may appoint one or more persons to review the work and progress of any Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct.
(3) Upon receipt of any such 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 be bound to comply with such directions.
10.Authorities of Institutes.
10. Authorities of Institutes. 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.
11.Board of Governors.
11. Board of Governors. The Board of an Institute shall consist of the following persons, namely:-
(a) the Chairman, to be nominated by the Visitor;
(b) the Director, ex officio;
(c) one person to be nominated by the Government of each of the States comprising the zone in which the Institute is situated, from among persons who, in the opinion of that Government, are technologists or industrialists of repute;
(d) four persons having special knowledge or practical experience in respect of education, engineering or science, to be nominated by the Council; and
154.(e) two professors of the Institute, to be nominated by the
Explanation.--In this section, the expression "zone" means a zone as for the time being demarcated by the All-India Council for
Technical Education for the purposes of this Act.
12.Term of office of, vacancies among, and allowances payable to, membersof Board.
12. Term of office of, vacancies among, and allowances payable to, members of Board. (1) Save as otherwise provided in this section, the term of office of the Chairman or any other member of the Board shall be three years from the date of his nomination.
(2) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member.
(3) The term of office of a member nominated under 1*[clause (e)]
of section 11 shall be two years from the 1st day of January of the year in which he is nominated.
(4) The term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated.
(5) Notwithstanding anything contained in this section, an outgoing member shall, unless the Council otherwise directs, continue in office until another person is nominated as a member in his place.
(6) The members of the Board shall be entitled to such allowances, if any, from the Institute as may be provided for in the
Statutes but no member other than the persons referred to in clauses
(b) and (e) of section 11 shall be entitled to any salary by reason of this sub-section.
13.Functions of Board.
13. Functions of Board. (1) Subject to the provisions of this
Act, the Board of any Institute shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall exercise all the powers of the Institute not otherwise provided for by this Act, the Statutes 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 any Institute shall-
(a) take decisions on questions of policy relating to the administration and working of the Institute;
(b) institute courses of study at the Institute;
(c) make Statutes;
1. Subs. by Act 29 of 1963, s. 5, for "clause (c)"
155.(d) institute and appoint persons to academic as well as other posts in the Institute;
(e) consider and modify or cancel Ordinances;
(f) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the
Institute for the next financial year as it thinks fit and submit them to the Council together with a statement of its development plans;
(g) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this
Act or the Statutes.
(3) The Board shall have the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act.
14. Senate. The Senate of each Institute shall consist of the following persons, namely:-
(a) the Director, ex officio, who shall be the Chairman of the Senate;
(b) the Deputy Director, ex officio;
(c) the professors appointed or recognised as such by the
Institute for the purpose of imparting instruction in the Institute;
(d) three persons, not being employees of the Institute, to be nominated by the Chairman in consultation with the
Director, from among educationists of repute, one each from the fields of science, engineering and humanities;
(e) such other members of the staff as may be laid down in the Statutes.
15.Functions of Senate.
15. Functions of Senate. Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate of an Institute shall have the control and general regulation, and be responsible for the maintenance, of standards of instruction, education and examination in the Institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.
16.Chairman of Board.
16. Chairman of Board. (1) The Chairman shall ordinarily preside at the meetings of the Board and at the Convocations of the Institute.
156.(2) It shall be the duty of the Chairman to ensure that the decisions taken by the Board are implemented.
(3) The Chairman shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the
17. Director. (1) The Director of each Institute shall be appointed by the Council with the prior approval of the Visitor.
(2) The Director shall be the principal academic and executive officer of the Institute and shall be responsible for the proper administration of the Institute and for the imparting of instruction and maintenance of discipline therein.
(3) The Director shall submit annual reports and accounts to the
(4) The Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the
Statutes or Ordinances.
18. Deputy Director. The Deputy Director of each Institute shall be appointed on such terms and conditions as may be laid down by the
Statutes and shall exercise such powers and perform such duties as may be assigned to him by this Act or the Statutes or by the Director.
19. Registrar. (1) The Registrar of each Institute shall be appointed on such terms and conditions as may be laid down by the
Statutes and shall be the custodian of records, the common seal, the funds of the Institute 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 be prescribed 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 duties as may be assigned to him by this Act or the
Statutes or by the Director.
20.Other authorities and officers.
20. Other authorities and officers. The powers and duties of authorities and officers other than those hereinbefore mentioned shall be determined by the Statutes.
157.21.Grants by Central Government.
21. Grants by Central Government. For the purpose of enabling the
Institutes to discharge their functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to each Institute in each financial year such sums of money and in such manner as it may think fit.
22.Fund of the Institute.
22. Fund of the Institute. (1) Every 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, bequests or transfers;
(d) all moneys received by the Institute in any other manner or from any other source.
(2) All moneys credited to the Fund of any Institute shall be deposited in such Banks or invested in such manner as the Institute may, with the approval of the Central Government, decide.
(3) The Fund of any Institute shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its duties under this Act.
23.Accounts and audit.
23. Accounts and audit. (1) Every Institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balance-sheet, in such form as may be prescribed by the Central Government in consultation with the
Comptroller and Auditor-General of India.
(2) The accounts of every Institute shall be audited by the
Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of any
Institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and Auditor-General of
India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute.
(4) The accounts of every Institute as certified by the comptroller and Auditor-General of India or any other person appointed by
158.him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
24.Pension and provident fund.
24. Pension and provident fund. (1) Every Institute shall constitute for the benefit of its employees, including the Director, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident funds as it may deem fit.
(2) Where any such provident fund has been so constituted, the
Central Government may declare that the provisions of the Provident funds Act, 1925 (19 of 1925) shall apply to such fund as if it were a
Government Provident Fund.
25. Appointments. All appointments on the staff of any Institute, except that of the Director, shall be made in accordance with the procedure laid down in the Statutes, by-
(a) the Board, if the appointment is made on the academic staff in the post of Lecturer or above or if the appointment is made on the non-academic staff in any cadre the maximum of the pay-scale for which exceeds six hundred rupees per month;
(b) by the Director, in any other case.
26. Statutes. Subject to the provisions of this Act, the Statutes may provide for all or any of the following 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 the examinations of degree and diplomas of the Institute;
(d) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(e) the term of office and the method of appointment of officers of the Institute;
(f) the qualifications of teachers of the Institute;
(g) the classification, the method of appointment and the determination of the terms and conditions of service of, teachers and other staff of the Institute;
159.(h) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute;
(i) the constitution, powers and duties of the authorities of the Institute;
(j) the establishment and maintenance of halls and hostels;
(k) the conditions of residence of students of the
Institute and the levying of fees for residence in the halls and hostels and of other charges;
(l) the manner of filling vacancies among members of the
(m) the allowances to be paid to the Chairman and members of the Board;
(n) the authentication of the orders and decisions of the
(o) the meetings of the Board, the Senate, or any
Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business;
(p) any other matter which by this Act is to be or may be prescribed by the Statutes.
27.Statutes how made.
27. Statutes how made. (1) The first Statutes of each Institute shall be framed by the Council with the previous approval of the
Visitor and a copy of the same shall be laid as soon as may be before each House of Parliament.
(2) The Board may, from time to time, make new or additional
Statutes or may amend or repeal the Statutes in the manner hereafter in this section provided.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may assent thereto or withhold assent or remit it to the Board for consideration.
(4) A new Statute or a Statute amending or repealing an existing
Statute shall have no validity unless it has been assented to by the
28. Ordinances. Subject to the provisions of this Act and the
Statutes, the Ordinances of each Institute 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 to the 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 and moderators;
(f) the conduct of examinations;
(g) the maintenance of discipline among the students of the
(h) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances.
29.Ordinances how made.
29. Ordinances how made. (1) Save as otherwise provided in this section, Ordinances shall be made by the Senate.
(2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board as its next succeeding meeting.
(3) The Board shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.
Tribunal of Arbitration.
30. Tribunal of Arbitration. (1) Any dispute arising out of a contract between an Institute and any of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee, and an umpire appointed by the Visitor.
(2) The decision of the Tribunal shall be final and shall not be questioned in any court.
(3) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the
Tribunal of Arbitration.
161.(4) Tribunal of Arbitration shall have power to regulate its own procedure.
(5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.
Last updated on May, 2015