Section 3 in The National Institutes of Technology, Science Education and Research Act, 2007

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.

Title: Effect of incorporation of Bengal Engineering and Science University, Shibpur

Description: 1[5A. Effect of incorporation of Bengal Engineering and Science University, Shibpur.--On and from the commencement of the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014 (9 of 2014)— (a) any reference to the Bengal Engineering and Science University, Shibpur in any law, contract or other instrument shall be deemed as a reference to the Indian Institute of Engineering Science and Technology, Shibpur; (b) all property, movable and immovable, of or belonging to the Bengal Engineering and Science University, Shibpur, shall vest in the Indian Institute of Engineering Science and Technology, Shibpur; (c) all the rights and liabilities of the Bengal Engineering and Science University, Shibpur shall be the rights and liabilities of the Indian Institute of Engineering Science and Technology, Shibpur; (d) every person (including Director, officers and other employees) who is employed in the Bengal Engineering and Science University, Shibpur, immediately before the date of commencement of the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014 (9 of 2014), shall, on and after such commencement, become an employee of the Indian Institute of Engineering Science and Technology, Shibpur and shall hold his office or service 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 on the date of the commencement of the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014, as if the said Act had not been brought into force and shall continue to do so until his employment is terminated or until such tenure, remuneration, terms and conditions are altered by the Statutes or Ordinances: Provided that the tenure, remuneration, terms and conditions of service of such person shall not be altered to his disadvantage without the previous approval of the Central Government: Provided further that any reference to the Chancellor and the Vice-Chancellor of the Bengal Engineering and Science University, Shibpur in any law, instrument or other document made before the commencement of the said Act, shall be construed as a reference to the Visitor and the Director, respectively, of the Indian Institute of Engineering Science and Technology, Shibpur; (e) Vice-Chancellor of the Bengal Engineering and Science University, Shibpur shall be the Director of the Indian Institute of Engineering Science and Technology, Shibpur till such date the Central Government appoints new Director for the Indian Institute of Engineering Science and Technology, Shibpur; (f) any examination conducted by the Bengal Engineering and Science University, Shibpur immediately before the commencement of the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014 (9 of 2014) for admission or award of degrees shall be valid examination and shall be deemed to have been conducted by the Indian Institute of Engineering Science and Technology, Shibpur.] 1. Ins. by s. 5, ibid. (w.e.f. 4-3-2014)

Title: Powers of Institutes

Description: (1) Subject to the provisions of this Act, every Institute shall exercise the following powers and perform the following duties, namely:- (a) to provide for instruction and research in such branches of engineering and technology, management, education, sciences and arts, as the Institute may think fit, and for the advancement of learning and dissemination of knowledge in such branches; (b) to hold examinations and grant degrees, diplomas and other academic distinctions or titles; (c) to confer honorary degrees or other distinctions; (d) to fix, demand and receive fees and other charges; (e) to establish, maintain and manage halls and hostels for the residence of students; (f) 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; (g) to provide for the maintenance of units of the National Cadet Corps for the students of the Institute; (h) to institute academic and other posts with the prior approval of the Central Government, and to make appointments thereto excluding the Director 1***; (i) to frame Statutes and Ordinances and to alter, modify or rescind the same; (j) 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; (k) 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; (l) 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 teachers and scholars and generally in such manner as may be conducive to their common objects; (m) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (n) to undertake consultancy in the areas or disciplines relating to the Institute; and (o) 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), an Institute shall not dispose of in any manner any immovable property without the prior approval of the Central Government. 1. The words "and the Deputy Director" omitted by Act 28 of 2012, s. 7 (w.e f. 7-6-2012).