Section 4 in The Footwear Design and Development Institute Act 2017
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.
Title: Functions of Institute
The functions of the Institute shall be—
(i) to nurture and promote quality and excellence in education and research in the areas of footwear and leather products design and development and allied fields thereof;
(ii) develop and conduct courses leading to graduate and post-graduate degrees, doctoral and post-doctoral courses and research in the areas of footwear and leather products design and development and allied fields thereof;
(iii) to hold examinations and grant degrees, diplomas, certificates, or any other qualification;
(iv) to institute fellowships, scholarships and confer awards, honorary degrees or other academic distinctions or titles;
(v) to co-operate, associate and collaborate with educational or other institutions, research organisations or bodies corporate in any part of the world having objects wholly or partly similar to those of the Institute by exchange of faculty members, students, staff and scholars and generally in such manner as may be conducive to their common objective;
(vi) to conduct courses for teachers, technologists and other professionals in the areas of footwear and leather products design and development and allied fields thereof;
(vii) to undertake research, survey, and studies and application thereof, for improved quality and design, testing, and international marketing;
(viii) to provide consultancy, testing, inspection, certification, project implementation and design support to the institutions and industries in any part of the world;
(ix) to develop an international centre for creation and transmission of information, with focus on educational, professional and industrial commitments;
(x) to conduct skill development programs and to provide technical assistance to artisans, craftsmen, manufacturers, designers and exporters;
(xi) to design, develop, amend, update curriculums of the academic programs and training materials as per the sectors requirement and change of technology;
(xii) to acquire any patent or license relating to such invention, improvement or design or standardisation marks whether for general or specific purposes;
(xiii) to establish, form and maintain museums, libraries and collections of literature and films, slides, photographs, prototypes and other information;
(xiv) to function as a National resource centre for curriculum development, training the trainers and support skill development in the leather sector overall;
(xv) to frame the Statutes and the Ordinances and to alter, modify or rescind the same; and
(xvi) 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.
Title: Power of Governing Council
(1) Subject to the provisions of this Act, the Governing Council, under overall control of the Central Government, shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall exercise all the powers 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 Governing Council shall—
(a) take decisions on questions of policy relating to the administration and working of the Institute;
(b) institute academic and other posts and to make appointments thereto (except in the case of the Managing Director, Secretary and Executive Director);
(c) frame the Statutes and the Ordinances and to alter, modify or rescind the same;
(d) consider and pass resolutions on the annual report, the annual audited accounts and the budget estimates of the Institute for the next financial year as it thinks fit together with a statement of its development plans;
(e) receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from the testators, donors or transferors, as the case may be; and
(f) do all such things as may be necessary, incidental or conducive to the attainment of all or any of the aforesaid powers.
(3) The Governing Council 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.
(4) Notwithstanding anything contained in sub-section (2) of section 4, the Governing Council shall not dispose of in any manner any immovable property without the prior approval of the Central Government.
(5) The Central Government may appoint one or more persons to review the work and progress of the Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Central Government may direct.
(6) Upon receipt of any such report, the Central Government may take such action and issue such directions as it considers necessary in respect of any of the matters dealt within the report and the Institute shall be bound to comply with such directions.
(7) The Central Government shall have the power to remove Chairperson or other Members or reconstitute the Governing Council, if it considers it appropriate to do so.
(8) No Chairperson or Member shall be removed under sub-section (7) unless he has been given a reasonable opportunity of being heard in the matter.