NATIONAL INSTITUTES OF TECHNOLOGY ACT, 2007
(1) This Act may be called the National Institutes of Technology Act, 2007.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.
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1. Effective from 15.08.2007 as per Notification No. SO1384(E) dated 09.08.2007.
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.
In this Act, unless the context otherwise requires,--
(a) "Board", in relation to any Institute, means the Board of Governors thereof; (b) "Chairperson" means the Chairperson of the Board;
(c) "Corresponding Institute", in relation to a society mentioned in column (2) of the Schedule, means the Institute as specified in column (3) of the Schedule;
(d) "Council" means the Council established under sub-section (1) of section 30;
(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 column (3) of the
(1) Each of the Institutes mentioned in column (5) of the Schedule shall be a body corporate having perpetual succession and a common seal and shall, by its name, sue and be sued.
(2) The body corporate constituting each of the said Institutes shall consist of a Chairperson, a Director and other members of the Board for the time being of the Institute.
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 for 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, gratu
(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, management, education, 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;
(d) to fix, demand and receive fees and other charges;
(e) to establish, maintain and manage halls and hostels for the residence of students;
(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.
(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.
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.
(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 within reasonable time.
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.
The Board of every Institute shall consist of the following members, namely:--
(a) the Chairperson to be nominated by the Visitor;
(b) the Director, ex officio;
(c) two persons not below the rank of the Joint Secretary to the Government of India to be nominated by the Central Government from amongst persons dealing with technical education and finance;
(d) two persons to be nominated by the Government of the State in which the Institute is situated, from amongst persons, who, in the opinion of that Government, are technologists or industrialists of repute;
(e) two persons, at least one of whom shall be a woman, having special knowledge or practical experience in respect of education, engineering or scienc
Save as otherwise provided in this section,--
(a) the term of office of the Chairperson or other members of the Board shall be three years from the date of his nomination;
(b) 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;
(c) the term of office of a member nominated under clause (f) of section 11 shall be two years from the date of his nomination;
(d) a casual vacancy shall be filled up in accordance with the provisions of section 11;
(e) 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;
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(1) Subject to the provisions of this Act, the Board of every 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 every 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;
(d) institute and appoint persons to academic as well as other posts in the Instit
The Senate of every 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 instructions in the Institute;
(d) three persons, one of whom shall be a woman, not being employees of the Institute, to be nominated by the Chairperson in consultation with the Director, from amongst educationists of repute, one each from the field of science, engineering and humanities; and
(e) such other members of the staff as may be laid down in the Statutes.
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.
(1) The Chairperson shall ordinarily preside at the meetings "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 are implemented.
(3) The Chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes.
(1) The Director and Deputy Director of an Institute shall be appointed by the Visitor, on such terms and conditions of service and on the recommendations of a Selection Committee constituted by him in such manner, as may be prescribed by the Statutes.
(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 Board.
(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.
(5) The Deputy Director of every Institute shall
(1) The Registrar of every 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, 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.
The powers and duties of authorities and officers other than those mentioned above shall be determined by the Statutes.
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 every Institute in each financial year such sums of money and in such manner as it may think fit.
(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; 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 every 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 every Institute shall be applied towards meeting the expenses of the Institut
(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 specified by notification, 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
Every Institute shall constitute for the benefit of its employees such provident or pension fund or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.
All appointments of the staff of every Institute, except that of the Director and Deputy 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 rupees ten thousand five hundred;
(b) the Director, in any other case.
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 degrees 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 de
(1) The first Statutes of each Institute shall be framed by the Central Government with the prior 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 provided in this section.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of Statutes shall require the previous approval of the Visitor who may grant assent 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 Visitor.
Subject to the provisions of this Act and the Statutes, the Ordinances of every 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;
(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 at its next 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.
(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.
(4) The 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 appl
(1) With effect from such date as the Central Government may, by notification, specify in this behalf, there shall be established for all the Institutes specified in column (3) of the Schedule, a central body to be called the Council.
(2) The Council shall consist of the following members, namely:--
(a) the Minister in charge of the Ministry or Department of the Central Government having administrative control of the technical education, ex officio, as Chairman;
(b) the Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the technical education, ex officio, as Vice-Chairman;
(c) the Chairperson of every Board, ex officio;
(1) The terms of office of a member shall be three years from the date of notification:
Provided that the term of office of an ex officio member shall continue so long as he holds office by virtue of which he is such a member.
(2) The term of office of a member elected under clause (j) of sub-section (2) of section 30 shall expire as soon as he ceases to be member of the House, which elected him.
(3) The term of office of a member nominated or elected to fill a causal vacancy shall continue for the remainder of the term of the member in whose place he has been appointed.
(4) Notwithstanding anything contained in this section an outgoing member shall, unless the Central Government otherwise directs, continue in office until another person is appointe
(1) It shall be the general duty of the Council to co-ordinate the activities of all the Institutes.
(2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:--
(a) to advise on matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the Institutes, admission standards and other academic matters;
(b) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and freeships, levying of fees and other matters of common interest;
(c) to examine the development plans of each Institute and to approve such of them as are considered necessary and also to indicate broadly the
(1) The Chairman of the Council shall ordinarily preside at the meetings of the Council:
Provided that, in his absence, the Vice-Chairman of the Council shall preside at the meetings of the Council.
(2) It shall be the duty of the Chairman of the Council to ensure that the decisions taken by the Council are implemented.
(3) The Chairman shall exercise such other powers and perform such other duties as are assigned to him by this Act.
(4) The Council shall meet once in every year and follow such procedure in its meetings as may be prescribed.
(1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the travelling and other allowances payable to members of the Council under sub-section (5) of section 31; and
(b) the procedure to be followed in the meetings of the council under sub-section (4) of section 33.
(3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions,
No act of the Council, or any Institute or Board or Senate or any other body set up under this Act or the Statutes, shall be invalid merely by reason of--
(a) any vacancy or defect in the constitution thereof, or
(b) any defect in the election, nomination or appointment of a person acting as a member thereof, or
(c) any irregularity in its procedure not affecting the merits of the case.
(1) If any difficulty arises in giving effect to the provisions of this Act the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appera to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years form the date on which this act receives this act assent of the President.
(2) Every order made under this section shall, as soon as may by after it is made, be laid before each House of Parliament.
Notwithstanding anything contained in this Act--
(a) the Board of Governors of every Institute functioning as such immediately before the commencement of this Act shall continue to so function until a new Board is constituted for that Institute under this Act, but on the constitution of a new Board under this Act, the member of the Board holding office before such constitution shall cease to hold office;
(b) every Senate constituted in relation to every Institute before the commencement of this Act shall be deemed to be the Senate constituted under this Act until a Senate is constituted under this Act for that Institute but on the constitution of new Senate under this Act, the members of the Senate holding office before such constitution shall cease to hold office.
(1) If any difficulty arises in giving effect to the provisions of this Act the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon-as may be after it is made, be laid before each House of Parliament.
THE SCHEDULE
[See sections 3 (g), (m) and 4 (1)]
List of Central Institutions Incorporated into the Act
Sl. No. Society Corresponding Institute
1 2 3
1. Motilal Nehru National Institute of Technology, Allahabad Society Motilal Nehru National Institute of Technology, Allahabad.
2. Maulana Azad National Institute of Technology, Bhopal Society Maulana Azad National Institute of Technology, Bhopal.
3. National Institute of Technology, Calicut Society National Institute of Technology, Calicut.
4. National Institute of Technology, Durgapur Society National Institute of Technolog
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