Section 1 in The National Institutes of Design Act, 2014

Title: Short title and commencement.

Description: (1) This Act may be called the National 1[Institutes] of Design Act, 2014. (2) It shall come into force on such date 2as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. 1. Subs. by s. 3, ibid., for "Institute" (w.e.f. 13-1-2020). 2 16th September, 2014 vide notification No. S.O. 2393(E), dated 16th September, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

Title: Declaration of certain institutions as institutions of national importance.

Description: 1[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]. 1. Subs. by Act 38 of 2019, s. 4, for section 2 (w.e.f. 13-1-2020).

Title: Definitions.

Description: In this Act, unless the context otherwise requires,-- (a) "Chairperson" means the Chairperson of the Governing Council nominated under clause (a) of section 11; (b) "Dean", in relation to any Institute campus, means the Dean of such Institute campus; (c) "design" means a rational, logical and sequential innovative process for the purpose of transferring culture to viable products and services and for providing a competitive edge to products and services, and includes industrial design, communication design, textile and apparel design, lifestyle design, experiential design, exhibition design, craft and traditional sector design; 1[(d) "Director", in relation to any Institute, means the Director of such Institute as appointed under section 18;] 2[(e) "Fund", in relation to any Institute, means the Fund of such Institute as maintained under section 23;] 3[(f) "Governing Council", in relation to any Institute, means the Governing Council of such Institute as constituted under section 11;] 4[(g) "Institute" means any of the institutions mentioned in column (4) of the Schedule;] 5[(h) "Institute campus" means the campus of an Institute as may be established by such Institute at any place within India or outside India;] (i) "notification" means a notification published in the Official Gazette; (j) "prescribed" means prescribed by rules made under this Act; 6[(k) "Registrar" in relation to any Institute, means the Registrar of such Institute as appointed under section 20]; 7[(ka) "Schedule" means the Schedule annexed to this Act;] 8[(l) "Senate", in relation to any Institute, means the Senate of such Institute;] 9[(m) "Society" means any of the societies registered under the Societies Registration Act, 1860 (21 of 1860), and mentioned in column (3) of the Schedule;] 10[(n) "Statutes" and "Ordinances", in relation to any Institute, mean the Statutes and the Ordinances of such Institute made under this Act.] 1. Subs. by s. 5, ibid., for clause (d) (w.e.f. 13-1-2020). 2. Subs. by s. 5, ibid., for clause (e) (w.e.f. 13-1-2020). 3. Subs. by s. 5, ibid., for clause (f) (w.e.f. 13-1-2020). 4. Subs. by s. 5, ibid., for clause (g) (w.e.f. 13-1-2020). 5. Subs. by s. 5, ibid., for clause (h) (w.e.f. 13-1-2020). 6. Subs. by Act 38 of 2019, s. 5, for clause (k) (w.e.f. 13-1-2020). 7. Ins. by s. 5, ibid. (w.e.f. 13-1-2020). 8. Subs. by s. 5, ibid., for clause (l) (w.e.f. 13-1-2020). 9. Subs. by s. 5, ibid., for clause (m) (w.e.f. 13-1-2020). 10. Subs. by s. 5, ibid., for clause (n) (w.e.f. 13-1-2020).

Title: Incorporation of Institute.

Description: 1[(1) Each Institute shall be a body corporate by the same name as as mentioned in column (4) of the Schedule. (2) Each 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, both movable and immovable, and to contract and shall, by the said name, sue or be sued. (3) The body corporate constituting each Institute shall consist of a Chairperson, Director and other members of the Governing Council for the time being, of the Institute. (4) Any Institute may establish an Institute campus at such place within India or outside India, as it may deem fit: Provided that each campus of the National Institute of Design, Ahmedabad, established before the commencement of this Act, at Bengaluru in the State of Karnataka and at Gandhinagar in the State of Gujarat, shall be deemed to be the Institute campus thereof. Explanation.--The reference in this sub-section to the commencement of this Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014.] 1. Subs. by s. 6, ibid., for section 4 (w.e.f. 13-1-2020).

Title: Effect of incorporation of the Institute.

Description: On and from the date of commencement of this Act,-- 1[(a) any reference to the Society mentioned in column (3) of the Schedule in any law or in any contract or other instrument shall be deemed as a reference to the corresponding Institute mentioned in column (4) thereof;]; (b) all property, movable and immovable of, or belonging to, the Society, shall vest in the Institute; (c) all the rights and liabilities of the Society shall be transferred to, and be, the rights and liabilities of, the Institute; (d) any reference to any campus of the Institute, established before the commencement of this Act, shall be deemed as a reference to that Institute campus; (e) every person employed by the Society, immediately before such commencement, shall hold his office or service in the Institute including the Institute campuses, 2*** 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 enacted, 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 months remuneration in the case of other employee. 3[Explanation I.--The reference in this section to the commencement of this Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014. Explanation II.--The reference in this section to the commencement of this Act shall, in relation to the National Institutes of Design in the States of Madhya Pradesh, Assam, Haryana and Andhra Pradesh, be construed as the reference to the date on which the provisions of the National Institute of Design (Amendment) Act, 2019 comes into force.] 1. Subs. by s. 7, ibid., for clause (a) (w.e.f. 13-1-2020). 2. The words "located at Bengaluru in the State of Karnataka and at Gandhinagar in the State of Gujarat" omitted by Act 38 of 2019, s. 7 (w.e.f. 13-1-2020). 3. Ins. by s. 7, ibid. (w.e.f. 13-1-2020).