Section 3 in The National Institutes of Design Act, 2014

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).

Title: Powers of Institute.

Description: (1) Subject to the provisions of this Act, the 1[each Institute shall] exercise the following powers and perform the following duties, namely:-- (a) to provide for instructions, research and training in the areas or disciplines relating to design and to nurture and promote quality and excellence thereof in such areas or disciplines; (b) to develop courses leading to graduate and post-graduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to design; (c) to hold examinations and grant degrees, and diplomas and other academic distinctions or titles in the areas or disciplines relating to design; (d) to confer honorary degrees, awards or other distinctions in the areas or disciplines relating to design; (e) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (f) to fix, demand and receive fees and other charges; (g) to establish, maintain and manage halls and hostels for the residence of the students; (h) to supervise and control the residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and corporate life; (i) to institute academic and other posts and to make appointments thereto (except in the case of the Director); (j) to frame Statutes and Ordinances and to alter, modify or rescind the same; (k) 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 faculty members and scholars and generally in such manner as may be conducive to their common objective; (l) to act as a nucleus for interaction between academia and industry by encouraging exchange of designers and other technical staff between the Institute and the industry and by undertaking sponsored and funded research as well as consultancy projects by the Institute; (m) to establish, equip and maintain workshops or laboratories or studios with modern machinery and equipments in order to undertake scientific and technological research for creating good designs for the production of goods and services and to provide funds for such works and for payment to any person or persons engaged in service, training and research work whether in such workshop or laboratory or studio; (n) to acquire any patent or licence relating to such invention, improvement or design or standardisation marks whether for general or specific purposes; (o) to undertake consultancy in the areas or disciplines relating to design; (p) 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; (q) 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; (r) to encourage and improve education of persons who are engaged or are likely to be engaged in the service, training or research activities by grant of loans, scholarships or other monetary assistance or otherwise; (s) to prepare, print, publish, issue, acquire and circulate books, papers, periodicals, exhibits, films, slides, gadgets, circulars and other literary undertakings, dealing with or having a bearing upon the subject of industrial design and allied fields; (t) to establish, form and maintain museums, libraries and collections of literature and films, slides, photographs, prototypes and other information relating to design and allied subjects; (u) to nominate designers, engineers (mechanical or electrical or civil), architects, craftsmen, technicians or investigators to study in India or outside India in regard to the service, training and research in such fields as the Institute may think fit; (v) to retain or employ skilled professional, technical advisers, consultants, workers or craftsmen in connection with the objects of the Institute; (w) to encourage artisans, technicians and others with inventive skill to work out details and specifications of processes, appliances and gadgets by giving awards, financial or technical assistance; (x) to construct buildings and alter, extend, improve, repair, enlarge or modify and to provide and equip the same with light, water, drainage, furniture, fittings and all other accessories; (y) ) to borrow and raise moneys, with or without security or on the security of a mortgage, charge, or hypothecation or pledge of any of the movable or immovable properties belonging to the Institute or in any other manner; (z) 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. Subs. by s. 8, ibid., for "the Institute shall" (w.e.f. 13-1-2020).

Title: Institute be open to all races, creeds and classes.

Description: (1) The 1[Every 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, teachers or workers or in any other connection whatsoever. (2) No bequest, donation or transfer of any property shall be accepted by the Institute, which in the opinion of the Governing Council involves conditions or obligations opposed to the spirit and objects of the Institute. 1. Subs. by Act 38 of 2019, s. 9, for "The Institute" (w.e.f. 13-1-2020).