Section 5 in The National Institutes of Design Act, 2014
Title: Effect of incorporation of the Institute.
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.
(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.
(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).
Title: Teaching at Institute.
All 1[teaching at each of the Institutes] and the Institute campuses shall be conducted by or in the name of the Institute in accordance with the Statutes and the Ordinances made in this behalf.
1. Subs. by Act 38 of 2019, s. 10, for "teaching at the Institute" (w.e.f. 13-1-2020).
(1) The President of India shall be the Visitor of 1[each of the Institutes].
(2) The Visitor may appoint one or more persons to review the work and progress of the Institute or any Institute campus and to hold inquiries 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.
1. Subs. by s. 11, ibid., for "the Institute" (w.e.f. 13-1-2020).