[15th
September, 1956] An Act to declare the
institution known as the Indian Institute of Technology, Kharagpur to be an
institution of national importance and to provide for its incorporation and matters
connected there with Be it enacted by Parliament
in the Seventh Year of the Republic of India as follows:- (1)
This Act may be called the Indian Institute
of Technology (Kharagpur) Act, 1956. (2)
It shall come into force on such date as the
Central Government may, by notification in the Official Gazette, appoint. Whereas the objects of the
institution known as the Indian Institute of Technology at Kharagpur in the
district of Midnapore in the State of West Bengal are such as to make the
institution 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. (a)
?Academic Council? means the Academic Council
of the 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; (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 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. (1)
The first Chairman, the first Director and
the first members 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 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. (1)
Subject to the provisions of this Act, every
person who is permanently employed in the Indian Institute of Technology at
Kharagpur immediately before the commencement of this Act shall, on and from
such commencement, become an employee of the Institute and shall hold his
office or service therein 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 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,
alter the terms 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 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. (3)
Every person employed in the Indian Institute
of Technology at Kharagpur other than any such person as is referred to in
sub-section (1) shall, on and from the commencement of this Act become an
employee of the Institute upon such terms and conditions as may be provided for
in the Statutes, and until such provision is made, on the terms and conditions
applicable to him immediately before such commencement. (1)
The Institute shall have the following
powers, namely:- (a)
to provide for instruction and research in
such branches 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)
to hold examinations and grant degrees,
diplomas and other academic distinctions or titles to persons in the manner
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 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 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 teaching, administrative and
ministerial posts and to make 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 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, scholars and generally in
such manner as may be conducive to their common objects; (m)
to institute and award fellowships,
scholarships, prizes and medals in accordance with the Statutes 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 shall not dispose of in any manner any immovable
property, without the prior approval of the Visitor. (1)
The 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, teacher, workers or in any other connection
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. (1)
The President of India shall be the Visitor
of the Institute. (2)
The Visitor may appoint one or more persons
to review the work and progress of the Institute and to hold enquiries 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. (a)
the Board; (b)
the Academic Council; (c)
the Finance Committee; and (d)
such other authorities as may be declared by
the Statutes to be the authorities of the Institute. (a)
the Chairman; (b)
one non-official to be nominated by the
Central Government; (c)
one person to be nominated by the All-India
Council for Technical Education; (d)
the Chairman, University Grants Commission,
ex officio; (e)
the Director of Scientific and Industrial
Research, Government of India, ex officio; (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)
three members of Parliament, two to be
elected from among themselves by the members of the House of the People and one
from among themselves by the members of the Council of States. (1)
Save as otherwise provided in this section,
the term of office of a member of the Board shall be five years from the date
of his nomination or election as the case may be: Provided that the term of
office of a member elected under clause (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. (2)
The term of office of an ex officio member
shall continue so long as he holds the office in virtue of which he is a
member. (3)
The terms 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. (4)
Notwithstanding anything contained in this
section, an outgoing member shall, unless the Central Government otherwise
directs, continue in office until another person is nominated or elected as a
member in his place. (5)
The manner of filling casual vacancies among
members shall be such as may be provided for in the Statutes. (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 Director shall be entitled to any salary
by reason of this sub-section. (1)
The Board shall be the supreme governing body
of the Institute and shall exercise all the powers of the Institute not
otherwise provided for by this Act, the Statutes and Ordinances, and shall have
power to review the acts of the Finance Committee and the Academic Council. (2)
Subject to the provisions of this Act, the
Board shall- (a)
take decisions on major 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 teaching as
well as non-teaching posts in the Institute in accordance with the procedure
laid down in the Statutes; (e)
consider and modify Ordinances; (f)
consider and pass resolutions on the annual
report, the annual accounts and the financial estimates as it thinks fit; and (g)
exercise such other powers and perform such
other duties as may be conferred or imposed upon it by this Act and the
Statutes. (3)
The Board shall have power to appoint such
committees as it considers necessary for the performance of its functions and
duties. (1)
The Academic Council shall consist of the
following persons, namely:- (a)
the Director, ex officio, who shall be the
Chairman of the Council; (b)
the Deputy Director, ex officio, who shall be
the Vice-Chairman of the Council; (c)
the Registrar, ex officio; (d)
the professors appointed or recognised as
such by the Institute for the purpose of imparting instruction in the
Institute; (e)
such other members of the staff as may be
laid down in the Statutes. (2)
Subject to the provisions of this Act,
Statutes and Ordinances, the Academic Council shall have the control and
general regulation of, and be responsible for the maintenance of standards of
instruction, education and examination in, the Institute, and shall exercise
such powers and perform such other duties as may be conferred or imposed upon
it by the Statutes and shall advise the Board on all academic matters. (1)
The Finance Committee shall consist of the
following persons, namely:- (a)
the Chairman, ex officio who shall be the
Chairman of the Committee; (b)
two persons nominated by the Central
Government; (c)
one person nominated by the Board; and (d)
the Director. (2)
The Finance Committee shall- (a)
examine and scrutinise the annual budget of
the Institute prepared by the Director and make recommendations to the Board; (b)
approve proposals of reappropriation as
between different departments of the Institute without affecting the total
sanction of the grant; (c)
consider the periodical statements of
accounts, reappropriation statements and the audit report and make
recommendations to the Board; (d)
give its views and make its recommendations
to the Board either on the initiative of the Board or of the Director, or on
its own initiative on any financial question affecting the Institute. (1)
The Chairman shall be nominated by the
Visitor and shall hold office for a period of five years. (2)
The Chairman shall ordinarily preside at the
meetings of the Board and at the Convocations of the Institute. (3)
It shall be the duty of the Chairman to see
that the decisions taken by the Board are given effect to. (4)
The Chairman shall have such other powers as
may be conferred upon him by this Act or the Statutes. (1)
The Director shall be appointed by the
Visitor out of a panel of three names submitted to him by the Board. (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 have such other powers and
perform such other duties as may be laid down in this Act or the Statutes or
Ordinances. (1)
The Registrar shall be a whole-time officer
of the Institute and 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 Academic Council, the Finance Committee and such other
Committees as may be prescribed by this Act or the Statutes. (3)
The Registrar shall be directly responsible
to the Director for the proper discharge of his duties and functions. (4)
The Registrar shall perform such other duties
and exercise such other powers as may be assigned to him by this Act or the
Statutes or by the Director. (1)
The 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 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 shall be applied towards meeting the
expenses of the Institute including expenses incurred in the exercise of its
powers and discharge of its functions under this Act. (1)
The 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 the 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
the 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 the Institute as certified by
the Comptroller and Auditor-General of India or any other person appointed by
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 both Houses of Parliament. (1)
The Institute shall constitute for the
benefit of its officers including the Director, teachers and other servants, 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 pension, insurance or
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. (a)
the Board with the prior concurrence of the
Visitor, if the appointment involves emoluments of fifteen hundred rupees or
over per month; (b)
the Board, if the appointment involves
emoluments of three hundred and fifty rupees or over but less than fifteen
hundred rupees per month; (c)
[1][* *
*] the Director in any other case. (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 examination of degrees and diplomas
of the Institute; (d)
the institution of fellowhips, scholarships,
exhibitions, medals and prizes; (e)
the term of office and the method of
appointment of officers of the Institute; (f)
qualifications of teachers of the Institute; (g)
the classification and method of appointment
and the determination of the terms and conditions of service of teachers and
other staff of the Institute; (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 Board; (m)
fixing allowances of the Chairman and members
of the Board; (n)
authentication of the orders and decisions of
the Board; (o)
the meetings of the Board, the Academic
Council, the Finance Committee, or any other Committee, the quorum at such
meetings and the procedure to be followed in the conduct of their business; and (p)
any other matter which by this Act is to be
or may be prescribed by the Statutes. (1)
The first Statutes shall be framed by the
Chairman after consultation with the Director and with the previous approval of
the Visitor and a copy of the same shall be laid before 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 for further
consideration. (4)
A Statute passed by the Board shall have no
validity unless it has been assented to by the Visitor. (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 power 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 Institute; and (h)
any other matter which by this Act or the
Statutes is to be or may be provided for by the Ordinances. (1)
Save as otherwise provided in this section,
Ordinances shall be made by the Academic Council. (2)
All Ordinances made by the Academic Council
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
such Board at 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.Indian Institute of Technology (Kharagpur)
Act, 1956
In this Act, unless the context otherwise requires,-
All teaching at the Institute shall be conducted by or in the name of the
Institute in accordance with the Statutes or Ordinances made in this behalf.
The following shall be the authorities of the Institute namely:-
The Board shall consist of the following persons, namely:-
The Deputy Director shall be appointed on such terms and conditions as may be
laid down by the Statutes and shall perform such duties and exercise such
powers 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 Institute to discharge its functions
efficiently under this Act, the Central Government may out of moneys provided
by Parliament for the purpose pay to the Institute in each financial year such
sums of money and in such manner as it may think fit.
No act done or proceeding taken by the Institute, the Board, the Academic
Council or the Finance Committee or any other body set up under this Act or the
Statutes, shall be questioned on the ground merely of the existence of any
vacancy in, or defect in the constitution of, the Institute, the Board, the
Academic Council, the Finance Committee or such body respectively.
All appointments on the teaching or non-teaching staff of the Institute shall
be made on the recommendation of a Selection Committee constituted for the
purpose under the Statutes by-
Subject to the provisions of this Act, the Statutes may provide for all or any
of the following matters, namely:-
Subject to the provisions of this Act and Statutes, the Ordinances may provide
for all or any of the following matters, namely:-
Every dispute arising out of a contract between the Institution and any of its
officers or teachers shall be referred to a Tribunal of Arbitration consisting
of one member nominated by the Board, one member nominated by the officer or
teacher concerned and an umpire appointed by the Visitor, and the decision of
the Tribunal shall be final.