Section 1 in The National Institutes of Technology, Science Education and Research Act, 2007

Title: Short title and commencement.

Description: (1) This Act may be called the 1[National Institutes of Technology, Science Education and Research] Act, 2007. (2) It shall come into force on such date2 as 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 "National Institutes of Technology" (w.e.f. 7-6-2012). 2. 15th August, 2007, vide notification No. S.O. 1384(E), dated 9th August, 2007, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

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

Description: Whereas the objects of the institution mentioned in 1[the First Schedule, the Second Schedule and the Third 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 9 of 2014, s. 2, for "the First Schedule and the Second Schedule" (w.e.f. 4-3-2014).

Title: Definitions

Description: In this Act, unless the context otherwise requires,- (a) "Board", in relation to any Institute, means the Board of Governors thereof; (b) "Chairperson", means the Chairperson of the Board; (c) "Corresponding Institute", in relation to a society mentioned in column (2) of 1[the First Schedule, the Second Schedule and the Third Schedule] means the Institute as specified in column (3) of 1[the First Schedule, the Second Schedule and the Third Schedule]; (d) "Council", means the Council established under sub-section (1) of section 30 2[ 3*** as the case may be]; (e) "Deputy Director", in relation to any Institute, means the Deputy Director thereof; (f) "Director", in relation to any Institute, means the Director thereof; (g) "Institute" means any of the Institutions mentioned in column (3) of 1[the First Schedule, the Second Schedule and the Third Schedule]; (h) "Notification" means a notification published in the Official Gazette; (i) "Prescribed" means prescribed by rules made under this Act; (j) "Registrar" in relation to any Institute, means the Registrar thereof; (k) "Schedule" means 4[the First Schedule, the Second Schedule and the Third Schedule]; (l) "Senate" in relation to any Institute, means the Senate thereof; (m) "Society" means any of the societies registered under the Societies Registration Act, 1860 (21 of 1860) and mentioned in column (2) of the 4[the First Schedule, the Second Schedule and the Third Schedule]; (n) "Statutes and Ordinances", in relation to any Institute, means the Statutes and Ordinances of that Institute made under this Act. 1. Subs. by Act 9 of 2014, s. 2, for "the First Schedule and the Second Schedule" (w.e.f. 4-3-2014). 2. Ins. by Act 28 of 2012, s. 5 (w.e.f. 7-6-2012). 3. The words, brackets, figures and letter "or sub-section (1) of section 30A" omitted by Act 9 of 2014, s. 3 (w.e.f. 4-3-2014). 4. Subs. by Act 9 of 2014, s.3, for "the First Schedule and the Second Schedule" (w.e.f. 4-3-2014

Title: Incorporation of Institutes.

Description: (1) Each of the Institutes mentioned in column (3) of the 1[the First Schedule, the Second Schedule and the Third Schedule] shall be a body corporate having perpetual succession and a common seal and shall, by its name, sue and be sued. 2[(1A) The Bengal Engineering and Science University, Shibpur shall be deemed to have been incorporated under this Act, and on such incorporation, be called the Indian Institute of Engineering Science and Technology, Shibpur.] (2) The body corporate constituting each of the said Institutes shall consist of a Chairperson, a Director and other members of the Board for the time being of the institute. 1. Subs. by s.4, ibid., for "the First Schedule and the Second Schedule" (w.e.f. 4-3-2014). 2. Ins. by s. 4, ibid. (w.e.f. 4-3-2014).

Title: Effect of incorporation of Institutes

Description: On and from the commencement of this Act, (a) Any reference to a society in any law, other than this Act, or in any contract or other instrument shall be deemed as a reference to the corresponding Institute; (b) All property, movable and immovable, of or belonging to a society shall vest in the corresponding Institute; (c) All the rights and liabilities of a society shall be transferred to, and be the rights and liabilities of the corresponding Institute; and (d) every person employed by a society, immediately before such commencement shall hold his office or service in the corresponding Institute for 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 if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and 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 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.