INSTITUTES OF TECHNOLOGY ACT, 1961
(1) This Act may be called the Institutes of Technology Act, 1961.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.
Whereas the objects of the institutions known as the Indian Institute of Technology, Bombay,1[the College of Engineering and Technology, Delhi,]2[the Indian Technology Guwahati, Assam] the Indian Institute of Technology, Kanpur and the Indian Institute of Technology, Madras3[and the Indian Institute of technology, Roorkee] are such as to make them institutions of national importance, of national importance, it is hereby declared that each such institution is an institution of national importance.
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1. Inserted by the Institutes of Technology (Amendment) Act, 1963, w.e.f. 13-09-1963.
2. Inserted by the Institute of Technology (Amendment) Act, 1994, w.e.f. 01-09-1994.
3. Inserted by the Institute of Technology (Amendment) Act, 2
In this Act, unless the context otherwise requires,----
(a) "Board" , in relation to any Institute, means the Board of Governors thereof;
(b) "Chairman" means the Chairman of the Board;
(c) "corresponding Institute" means,---
(i) in relation to the society known as the Indian Institute of Technology, Bombay, the Indian Institute of Technology Bombay;
1[(ia) in relation to the society known as the College of Engineering and Technology, Delhi, the Indian Institute of Technology, Delhi;]
2[(ib) in relation to the society known as the Indian Institute of Technology Guwahati, Assam, the Indian Institute of Technology, Guwahati.]
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(1) Each of the Institutes mentioned in section 2 shall be a body corporate having perpetual succession and a common seal and seal, 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 Technology Guwahati.]
3[(1C) The University of Roorkee, Roorkee shall, on such incorporation, be called the Indian Institute of Technology, Roorkee]
(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.
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 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 privilege a to pension, leave, gratuity,
1[Effect of incorporation of Institute of Technology Roorkee
On and from the commencement of the Institutes of Technology (Amendment) Act, 2002,--
(a) any reference to the University of Roorkee in any law (other than this Act) or in any contract or other instrument shall be deemed as a reference to the Indian Institute of Technology, Roorkee;
(b) all property, movable and immovable, of or belonging to the University of Roorkee, shall vest in the Indian Institute of Technology, Roorkee;
(c) all rights and liabilities of the University of Roorkee shall be transferred to, and be the rights and liabilities of, the Indian Institute of Technology, Roorkee;
(d) every person employed by the University of Roorkee
(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 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;
(f) to superv
(1) Every Institute shall be open to persons of either sex an of whatever race, creed, caste or class, and n 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 ion 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.
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 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 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
(e) two professors of the Institute, to be nominated by the Senate.
Explanation.---In this section, the expression "Zone" means a Zone
(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 under1[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 or 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
(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 act 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;
(d) institute and appoint persons to academic as well as other posts in the Institute;<
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; and
(e) such other members of the staff as may be laid down in the Statutes.
Subject to he 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 an perform such other duties as may be conferred or imposed upon it by the Statutes.
(1) The Chairman shall ordinarily preside at the meetings of the Board and at the Convocations of the Institute.
(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 Statutes.
(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 report 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.
The Deputy Director of each Institute shall be appointed on such terms and conditions as my be laid down by the Statutes and shall exercise such powers and perform such duties a may be assigned to him by this Act or the Statutes or by the Director.
(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 an such other property of the Institute as the Board shall commit to his charge.
(2) The Registrar shall act a 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.
The powers and duties of authorities and officers other than those hereinbefore mentioned 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 each 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 provide 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 any Institute shall be deposited ion 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 in
(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 Govern
(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.
All appointment 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, it 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.
Subject to the provisions of this Act, the Statutes may provide for all or any of he 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 admissions 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 teacher of the Institute;
(g) the classification, the method of appointment and the det
(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 or 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 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 student 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
(1) Save as otherwise provided in this section, Ordinances shall be made by the Senate.
(2) All Ordinances made by the Senate shall be effective from such date as it may direct, but every Ordinance so made shall be submitted, as soon as made, to the Board and shall be considered by the Board at its next succeeding meetings.
(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 he 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 apply
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, 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 technical education in the Central Government, ex officio, as Chairman;
(b) the Chairman of each Institute, ex officio;
(c) the Director of each Institute, ex officio;
(d) the Chairman, University Grants Commission, ex officio;
(e) the Director-General, Council of Scientific and Industrial Research, ex officio;
(f) the Chairman of
(1) Save as otherwise provided in this section, the term of office of a member of the Council shall be three years from the date of his nominations or election, as the case may be.
(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) A member of the Council referred to in clause (h) of subsection (2) of sub-section (2) of section 31 shall hold office during the pleasure of the Central Government.
(4) The term of office of a member elected under clause (k) of sub-section (2) of section 31 shall expire as soon as he ceases to be a member of the House which elected him.
(5) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the re
(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 the 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.
(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.
(1) The Central Government may 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 provides for all or any of the following matters, namely:---
(a) the manner of filling vacancies among the members of the Council:
(b) the disqualification's for being chosen as, an for being a member of the Council;
(c) the circumstances in which, and the authority by which, members may be removed;
(d) the meetings of the Council and the procedure of conducting business thereat;
(e) the travelling and other allowances payable to members of the Council; and
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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 in, or defect in the constitution thereof, or
(b) any defect in the election, nomination or appointment of a person acting as a members thereof, or
(c) any irregularity in its procedure not affecting the merits of the case.
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 provision or give such direction not inconsistent with the purposes of this Act, as appears to it to be necessary or expedient for removing the difficulty.
Notwithstanding anything contained in this Act,---
(a) the Board of Governor of an 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 members of the Board holding office before such constitution shall cease to hold office;
(b)1[the Staff Committee constituted in relation to the College of Engineering and Technology, Delhi and any Academic Council constituted in relation to any other Institute] before the commencement of this Act shall be deemed to be the Senate constitutes under this Act until a Senate is constituted under this Act for that Institute;
(c) until the first Statutes and the Ordinances are made under
(1) The Indian Institute of Technology (Kharagpur) Act, 1956 is hereby repealed.
(2) Notwithstanding such repeal, the provisions of the said Act set out in the Schedule shall continue to have effect:
Provided that in the said provisions, the expression "this Act" means the said provisions.
(See section 39)
Provisions of the Indian Institute of Technology (Kharagpur) Act ,
1956, continued in force
2. Whereas the objects of the institution known as the Indian Institute of Technology at Kharagpur in the district of Midnapore in the State or West Bengal are such as to make the institutions one of national importance, it is hereby declared that the institution known as the Indian Institute of Technology, Kharagpur, is an institution of national importance.
(Declaration of the Indian Institute of Technology (Kharagpur) as an institution of national importance)
3. In this Act, unless the context otherwise requires,-
(Definitions)
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