Section 28 in The National Institutes of Technology, Science Education and Research Act, 2007
Title: Ordinances how made.
(1) Save as otherwise provided in this section, Ordinances shall be made by the Senate.
(2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board at its next meeting.
(3) The Board shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.
Title: Tribunal of Arbitration
(1) Any dispute arising out of a contract between an Institute and any of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee, and an umpire appointed by the Visitor.
(2) The decision of the Tribunal shall be final and shall not be questioned in any court.
(3) No suit or proceeding shall lie in any court in respect of any matter, which is required by sub-section (1) to be referred to the Tribunal of Arbitration.
(4) The Tribunal of Arbitration shall have power to regulate its own procedure.
(5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.
Title: Establishment of Council
(1) With effect from such date as the Central Government may, by notification, specify in this behalf, there shall be established for all the Institutes specified in column (3) of the 1[First Schedule] , 2[the Second Schedule and the Third Schedule] a central body to be called the Council.
(2) The Council shall consist of the following members, namely:--
(a) the Minister in charge of the Ministry or Department of the Central Government having administrative control of the technical education, ex officio, as Chairman;
(b) the Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the technical education, ex officio, as Vice-Chairman;
(c) the Chairperson of every Board, ex officio;
(d) the Director of every Institute, ex officio;
(e) the Chairman, University Grants Commission, ex officio;
(f) the Director General, Council of Scientific and Industrial Research, ex officio;
(g) four Secretaries to the Government of India, to represent the Ministries or Departments of the Central Government dealing with biotechnology, atomic energy, information technology and space, ex officio;
(h) the Chairman, All India Council for Technical Education, ex officio;
(i) not less than three, but not more than five persons to be nominated by the Visitor, at least one of whom shall be a woman, having special knowledge or practical experience in respect of education, industry, science or technology;
(j) three members of Parliament, of whom two shall be chosen by the House of the People and one by the Council of States:
Provided that the office of member of the Council shall not disqualify its holder for being chosen as or for being, a member of either House of Parliament;
(k) two Secretaries to the State Government, from amongst the Ministries or Departments of that Government dealing with technical education where the Institutes are located, ex officio;
(l) Financial Advisor, dealing with the Human Resource Development Ministry or Department of the Central Government, ex officio;
(m) one officer not below the rank of Joint Secretary to the Government of India in the Ministry or Department of Central Government having administrative control of the Technical Education, ex officio, as Member-Secretary.
1. Subs. by Act of 28 of 2012, s. 13 for "Schedule" (w. e. f 7-6-2012).
2. Ins. by Act 9 of 2014, s.7 (w.e.f. 4-3-2014).
[30A. Establishment of Council for the Institutes of Second ScheduleIns.] Ins. by the National Institutes of Technology (Amendment) Act, 2012 (28 of 2012), s. 9 (w.e.f. 7-6-2012) and omitted by the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014 (9 of 2014), s. 8 (w.e.f. 4-3-2014).
Title: Term of office of, vacancies among, and allowances payable to members of Council
(1) The terms of office of a member shall be three years from the date of notification:
Provided that the term of office of an ex officio member shall continue so long as he holds office by virtue of which he is such a member.
(2) The term of office of a member elected under clause (j) of sub-section (2) of section 30 1*** shall expire as soon as he ceases to be member of the House, which elected him.
(3) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been appointed.
(4) Notwithstanding anything contained in this section an outgoing member shall, unless the Central Government otherwise directs, continue in office until another person is appointed as a member in his place
(5) The members of the Council other than ex officio member shall be paid such travelling and other allowances as may be prescribed.
1. The words, brackets, letters and figures "and clause (j) of sub-section (2) of section 30A" omitted by Act of 9 of 2014, s.9 (w.e.f. 4-3-2014).