Section 2 in The Footwear Design and Development Institute Act 2017
Title: Declaration of Footwear Design and Development Institute as an institution of national importance
Whereas the objects of the institution known as the Footwear Design and Development Institute, are such as to make it the institution of national importance, it is hereby declared that the Footwear Design and Development Institute is an institution of national importance.
In this Act, unless the context otherwise requires,—
(a)“Chairperson” means the Chairperson of the Institute nominated under clause (a) of sub-section (3) of section 4;
(b) “design” means a rational, logical and sequential innovation process for the purposes of transferring culture to viable products and services in footwear and leather products, including fashion and retail thereof and for providing a competitive edge to products and services;
(c) “development” means the systematic use of scientific and technical knowledge to meet specific objective or requirements and includes an extension of the theoretical or practical aspects of concepts, design, discovery and invention including business thereof;
(d)“Executive Director” means the Executive Director of the Institute campus appointed under section 18;
(e) “Fund” means the Fund of the institute to be maintained under section 21;
(f) “Governing Council” means the Governing Council of the Institute constituted under sub-section (3) of section 4;
(g) “Institute” means the Footwear Design and Development Institute established under sub-section (1) of section 4;
(h) “Institute campus” means an Institute campus specified in the Schedule;
(i) “leather products” includes a product made of leather or any other material or combination thereof;
(j) “Managing Director” means the Managing Director of the Institute appointed under section 16;
(k) “Member” means a Member of the Governing Council and includes the Chairperson;
(l) “notification” means a notification published in the Official Gazette;
(m) “prescribed” means prescribed by rules made under this Act;
(n) “Schedule” means the Schedule appended to this Act;
(o) “Secretary” means the Secretary of the Institute appointed under section 17;
(p) “Senate” means the Senate of the Institute referred to in section 13;
(q) “Society” means the Footwear Design and Development Institute registered under the Societies Registration Act, 1860 (21 of 1860);
(r) “Statutes” and “Ordinances” mean respectively the Statutes and the Ordinances of the Institute made under this Act.
Title: Establishment of Institute
(1) On and from the date of commencement of this Act, the Footwear Design and Development Institute shall be established as a body corporate by the name aforesaid.
(2) The Institute shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue or be sued.
(3) The Institute shall consist of a Governing Council having the following Members, namely:—
(a) a Chairperson, who shall be an eminent academician, scientist, or industrialist from leather sector, to be nominated by the Central Government;
(b) the Managing Director, ex officio;
(c) the Joint Secretary in the Ministry or Department in the Government of India dealing with Footwear Design and Development Institute, ex officio;
(d) the Joint Secretary in the Ministry or Department in the Government of India dealing with the leather, retail or fashion sector, ex officio;
(e) the Director Finance of the Ministry or the Department in the Government of India dealing with Footwear Design and Development Institute, ex officio;
(f) a representative of Ministry or Department in the Government of India dealing with skill development and entrepreneurship, ex officio;
(g) four professionals or industrialists to represent the Council for Leather Exports, the Indian Leather Garments Association, the Indian Footwear Components Manufacturers Association, and the Confederation of Indian Industry National Committee on Leather, Footwear and Leather Products, to be nominated by the Central Government; and
(h) one person each from the National Institute of Fashion Technology, National Institute of Design, the Central Leather Research Institute, the Indian Institute of Technology and the Indian Institute of Management, to be nominated by the Central Government.
(4) The term of office of the Chairperson and other Members, other than ex officio Members thereof, shall be three years and they shall be entitled for such allowances as may be determined by the Central Government.
(5) The term of office of the Members nominated to fill a casual vacancy shall continue for the remainder of the term of the Member in whose place he has been nominated.
(6) The Governing Council shall meet at least two times in a year at such place and time and observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by the Governing Council.
(7) Save as otherwise provided in this section, the term of office of an ex officio member shall continue as long as he holds the office by virtue of which he is a member.
Title: Vesting of properties
On and from the date of commencement of this Act, subject to the other provisions of this Act, all properties which had vested in the Society, immediately before the commencement of this Act, shall on and from such commencement, vest in the Institute.
Title: Effect of incorporation of Institute
On and from the date of commencement of this Act,—
(a) any reference to the Society in any contract or other instrument shall be deemed as a reference to the Institute;
(b) all the rights and liabilities of the Society shall be transferred to, and be the rights and liabilities of, the Institute;
(c) every person employed by the Society, immediately before the appointed day, shall hold office or service in the 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 be so, unless and until his employment is terminated or until such tenure, remuneration, 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 employee and one month's remuneration in the case of other employee;
(d) every person pursuing, before the date of commencement of this Act, any academic or research course in existing Institute campus, shall be deemed to have migrated and registered with the corresponding Institute campus on such commencement at the same level of study in the Institute campus from which such person migrated; and
(e) all suits and other legal proceedings instituted or which could have been instituted by or against the Society, immediately before the commencement of this Act shall be continued or instituted by or against the Institute.