Back

THE SCHOOL OF PLANNING & ARCHITECTURE ACT, 2014

(NO. 37 OF 2014)

[18th December, 2014.]

An Act to establish and declare Schools of Planning and Architecture as Institutions of national importance in order to promote education and research in architectural studies including planning of human settlements.

Be it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

Short title and commencement.

1. (1) This Act may be called the School of Planning and Architecture Act, 2014.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act, and any reference to the commencement in any such provision of this Act shall be construed as a reference to the commencement of that provision.

Declaration of certain Schools as Institutions of national importance.

2. Whereas the objects of the Schools mentioned in the Schedule are such as to make them Institutions of national importance, it is hereby declared that each such School is an Institution of national importance.

Definitions.

3. In this Act, unless the context otherwise requires,—

(a) “Board”, in relation to any School, means the Board of Governors thereof;

(b) “Chairperson” means the Chairperson of the Board;

(c) “Corresponding School”, in relation to a School mentioned in column (3) of the Schedule, means the School as specified against the said School in column (5) of the Schedule;

(d) “Council” means the Council established under sub-section (1) of section 33;

(e) “Director”, in relation to any School, means the Director thereof;

(f) “existing School” means the School mentioned under column (3) of the Schedule;

(g) “Member” means a Member of the Board and includes the Chairperson;

(h) “notification” means a notification published in the Official Gazette and the expression “notify” with its grammatical variations and cognate expressions shall be construed accordingly;

(i) “prescribed” means prescribed by rules made under this Act;

(j) “Registrar”, in relation to any School, means the Registrar thereof;

(k) “Schedule” means the Schedule annexed to this Act;

(l) “School” means any of the Schools mentioned in column (5) of the Schedule and such other Schools established under this Act;

(m) “Senate”, in relation to any School, means the Senate thereof;

21 of 1860.

(n) “Society”, means any of the societies registered under the Societies Registration Act, 1860 or under the societies of respective State Governments and mentioned in column (3) of the Schedule;

(o) “Statutes” and “Ordinances”, in relation to any School, means the Statutes and Ordinances of that School made under this Act.

CHAPTER II

THE SCHOOLS

Establishment and incorporation of Schools.

4. On and from the date of commencement of this Act, the Schools specified in column (3) of the Schedule, shall be the body corporates having perpetual succession and a common seal with the 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 their respective names mentioned in column (5) of the Schedule, sue or be sued.

Objects of School.

5. Each School shall have the following objects, namely:—

(i) to support the establishment and development of Schools of Planning and Architecture;

(ii) to provide global leadership in the field of architecture, planning and allied fields.

Effect of incorporation of Schools.

6. On and from the commencement of this Act,—

(a) any reference to any existing School in any contract or other instrument shall be deemed as a reference to the corresponding School;

(b) all properties, movable and immovable, of or belonging to every existing School shall vest in the corresponding School mentioned under column (5) of the Schedule;

(c) all the rights, debts and other liabilities of every existing School shall be transferred to, and be the rights and liabilities of, the corresponding School;

(d) every person employed by every existing School shall hold his office or service in the corresponding School with 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 enacted 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 School 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 School, of compensation equivalent to three months’ remuneration in case of permanent employees and one month’s remuneration in the case of other employees:

Provided further that any reference, by whatever form of words, to the Director, Registrar and other officers of an existing School in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Director, Registrar and other officers of the corresponding School;

(e) every person pursuing, before the commencement of this Act, any academic or research course in every existing School, shall be deemed to have migrated and registered with the corresponding School on such commencement at the same level of study in the School from which such person migrated;

(f) all suits and other legal proceedings instituted or which could have been instituted by or against an existing School, immediately before the commencement of this Act shall be continued or instituted by or against the corresponding School.

Powers and functions of Schools.

7. (1) Subject to the provisions of this Act, every School shall exercise the powers and perform the duties as specified below, namely:—

(a) to organise and undertake research and innovations in architecture, planning, design and allied activities in such manner as the School may think fit, including in collaboration or association with any other School, educational institution, research organisation or body corporate;

(b) to hold examinations and grant degrees, diplomas, certificates and other degrees;

(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 School and to make arrangements for promoting their health, general welfare and culture and corporate life;

(g) to notify academic and other posts with the prior approval of the Central Government and to make appointment thereto excluding the post of Director;

(h) to appoint persons working in any other School or educational institution or involved in research of significance in any industry as adjunct, guest or visiting teachers of the School on such terms and for such duration as the School may decide;

(i) to frame Statutes and Ordinances and to alter, modify or rescind the same;

(j) to establish and maintain such infrastructure as may be necessary;

(k) to deal with any property belonging to or vested in the School in such manner as the School may deem fit for advancing the objects of the School;

(l) to manage the fund of the School and receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from testators or donors or transferors, as the case may be;

(m) to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the School by exchange of teachers, students and scholars and generally in such manner as may be conducive to their common objects on such terms as may be specified from time to time by the Senate;

(n) to undertake consultancy in the areas or disciplines relating to the School for promotion of its common objectives; 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 School.

(2) Notwithstanding anything contained in sub-section (1), a School shall not dispose of in any manner any immovable property without the prior approval of the Central Government.

Schools to be open to all races, creeds and classes.

8. (1) Every School shall be open to persons of either sex and of whatever race, creed, caste or class, religion, disability, domicile, ethnicity, social or economic background.

(2) No bequest, donation or transfer of any property shall be accepted by any School, which in the opinion of the Council involves conditions or obligations opposed to the spirit and object of this section.

Teaching at Schools.

9. All teaching at each of the Schools shall be conducted by or in the name of the School in accordance with the Statutes and Ordinances made in this behalf.

School to be a distinct legal entity notfor- profit.

10. Each School shall be a not-for-profit legal entity and no part of the surplus, if any, in revenue of such School, after meeting all expenditure in regard to its operations under this Act, shall be invested for any purpose other than for the growth and development of such School or for conducting research therein.

Visitor.

11. (1) The President of India shall be the Visitor of every School.

(2) The Visitor may appoint one or more persons to review the work and progress of any School 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 School shall be bound to comply with such directions within reasonable time.

CHAPTER III

THE AUTHORITIES OF SCHOOLS

Authorities of Schools.

12. The following shall be the authorities of a School, namely:—

(a) a Board of Governors;

(b) a Senate; and

Board of Governors.

13. (1) The Board of each School shall be the principal executive body of that School.

(2) The Board of every School shall consist of the following Members, namely:—

(a) Chairperson to be appointed by the Visitor from among a panel of three names recommended by the Central Government who shall be an eminent Architect or Planner;

(b) Principal Secretary or Secretary, Technical Education or Higher Education of the respective State Government or Union territory in which the School is situated;

(c) one representative from the Institute of Town Planners, India to be nominated by the President of the Institute of Town Planners, India;

(d) one representative from the Council of Architecture to be nominated by the President of the Council of Architecture;

(e) a representative from the All India Council for Technical Education to be nominated by the Chairman of All India Council of Technical Education;

(f) a representative of the University Grants Commission;

(g) one expert from the professions of architecture or landscape architecture or urban design and one from Urban and Regional Planning nominated by the Council of School of Planning and Architecture;

(h) two representatives from Senate; one each from Department of Planning and Department of Architecture, by rotation, for a period of two years, in order of seniority;

(i) two persons not below the rank of Joint Secretary to the Government of India to be nominated by the Central Government from amongst persons dealing with technical education and finance or their nominee, ex officio;

(j) one person not below the rank of Joint Secretary to the Government of India to be nominated by the Government of India, Ministry of Urban Development;

(k) the Director of the School, Member, ex officio;

(l) the Registrar of the School shall act as a Secretary to the Board.

Term of office of vacancies among, and allowances payable to Members of Board.

14. Save as otherwise provided in this section—

(a) the term of office of the Chairperson or any other Members of the Board shall be five years from the date of his nomination;

(b) the term of office of an ex officio Member shall continue so long as he holds the office by virtue of which he is a Member;

(c) the term of office of a Member nominated under clause (h) of section 13 shall be two years from the date of nomination or till he holds the office whichever is earlier;

(d) a casual vacancy of a Member shall be filled up in accordance with the provisions of section 13;

(e) the term of office of a Member nominated to fill a casual vacancy shall continue for the remainder of the term of the Member in whose place he has been nominated; and

(f) the Members of the Board shall be entitled to such allowances, if any, from the School as may be specified in the Statutes, for attending meetings of the Board or as may be convened by the School but no Member other than the Members referred to in clauses (h), (k) and (l) of sub-section (2) of section 13 shall be entitled to any salary by reason of this clause.

Powers and functions of Board.

15. (1) Subject to the provisions of this Act, the Board of every School shall be responsible for the general superintendence, direction and control of the affairs of the School and shall have all the powers of School not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Senate.

(2) Without prejudice to the provisions of sub-section (1), the Board of every School shall have the following powers, namely:—

(a) take decisions on questions of policy relating to the administration and working of the School;

(b) establish departments, faculties or schools of studies and initiate programmes or courses of study at the School;

(d) appoint persons to academic and non-academic section of the School;

(e) consider and modify or cancel Ordinances;

(f) consider and pass resolutions on the annual report, the audited accounts and the budget estimates of the School for the next financial year as it thinks fit and submit them to the Council together with a statement of its development plans;

(g) provide, by Statutes, the qualifications, criteria and processes for appointment to teaching and other posts in such School;

(h) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.

(3) The Board shall have the power to appoint such committees, as it considers necessary for the exercise of its powers and the performance of its duties under this Act.

(4) The Board shall conduct an annual review of the performance of the Director with specific reference to his leadership in the context of the achievement of the objects of the School.

(5) The Board shall in exercise of powers and discharge of functions strive, to the extent possible, to provide autonomy in academic matters to the Senate and Departments or Faculties or Schools, as the case may be.

(6) Where in the opinion of the Director or the Chairperson, the situation is so emergent that an immediate decision needs to be taken in the interest of the School, the Chairperson, on the recommendation of the Director may issue such orders as may be necessary, recording the grounds in his opinion:

Provided that such orders shall be submitted for ratification of the Board in the next meeting.

Senate.

16. (1) The Senate of every School shall consist of the following persons, namely:—

(a) the Director of the School, Chairman of the Senate, ex officio;

(b) five persons, from amongst the educationists of repute or eminent professionals, who are not in the service of the School, nominated by the Chairperson of the Board of Governers;

(d) a nominee of the Council of Architecture;

(e) a nominee of All India Council for Technical Education;

(f) Dean in charge of academic, research, student affairs, faculty welfare and planning and development of the School;

(g) all the Heads of the Depa

+Clients Back

+Lawyers

+Law Students

+Law Schools

Central Act

THE SCHOOL OF PLANNING & ARCHITECTURE ACT, 2014

Lawyers Network

Users

Cities Serving

Law Schools Network

Law Students Network