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THE NATIONAL INSTITUTE OF DESIGN ACT, 2014
NO. 18 OF 2014
[17th July, 2014.]
An ACT to declare the institution known as the National Institute of Design, Ahmedabad, to be an institution of national importance for the promotion of quality and excellence in education, research and training in all disciplines relating to Design and for matters connected therewith or incidental thereto.
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 National Institute of Design 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.
Declaration of National Institute of Design, Ahmedabad, as an institution of national importance.
2. Whereas the objects of the institution known as the National Institute of Design, Ahmedabad, are such as to make it the institution of national importance, it is hereby declared that the National Institute of Design, Ahmedabad is an institution of national importance.
Definitions.
3. In this Act, unless the context otherwise requires,—
(a) “Chairperson” means the Chairperson of the Governing Council nominated under clause (a) of section 11;
(b) “Dean”, in relation to any Institute campus, means the Dean of such Institute campus;
(c) “design” means a rational, logical and sequential innovative process for the purpose of transferring culture to viable products and services and for providing a competitive edge to products and services, and includes industrial design, communication design, textile and apparel design, lifestyle design, experiential design, exhibition design, craft and traditional sector design;
(d) “Director” means Director of the Institute, as appointed under section 18;
(e) “Fund” means the Fund of the Institute maintained under section 23;
(f) “Governing Council” means the Governing Council of the Institute, as constituted under section 11;
(g) “Institute” means the National Institute of Design, Ahmedabad, incorporated under section 4;
(h) “Institute campus” means the campus of the Institute located at Bengaluru in the State of Karnataka and Gandhinagar in the State of Gujarat, or such other campus as may be established by the Institute at any place within India or outside India;
(i) “notification” means a notification published in the Official Gazette;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “Registrar” means Registrar of the Institute;
(l) “Senate” means the Senate of the Institute;
21 of 1860.
(m) “Society” means the National Institute of Design, Ahmedabad, registered as a society under the Societies Registration Act, 1860;
(n) “Statutes” and “Ordinances” mean the Statutes and the Ordinances of the Institute made under this Act.
CHAPTER II
THE INSTITUTE
Incorporation of the Institute.
4. (1) The National Institute of Design, Ahmedabad, shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and shall, by that name, sue or be sued.
(2) The body corporate constituting the Institute shall consist of a Chairperson, a Director and other members of the Governing Council for the time being of the Institute.
(3) The headquarters of the Institute shall be in the district of Ahmedabad in the State of Gujarat.
(4) The Institute may establish an Institute campus at such other place within India or outside India, as it may deem fit:
Provided that each campus of the National Institute of Design, Ahmedabad, established before the commencement of this Act, at Bengaluru in the State of Karnataka and Gandhinagar in the State of Gujarat, shall be deemed to be the Institute campus.
5. On and from the date of commencement of this Act,—
Effect of incorporation of the Institute.
(a) any reference to the Society in any law (other than this Act) or in any contract or other instrument shall be deemed as a reference to the Institute incorporated under this Act;
(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, located at Bengaluru in the State of Karnataka and at Gandhinagar in the State of Gujarat, 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 month’s remuneration in the case of other employee.
Powers of Institute.
6. (1) Subject to the provisions of this Act, the 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.
Institute be open to all races, creeds and classes.
7. (1) The 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 of 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.
Teaching at Institute.
8. All teaching at the Institute 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.
Visitor.
9. (1) The President of India shall be the Visitor of the Institute.
(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.
Authorities of Institute.
10. The following shall be the authorities of the Institute, namely:––
(a) the Governing Council,
(b) a Senate, and
(c) such other authorities as may be declared by the Statutes to be the authorities of the Institute.
Governing Council.
11. The Governing Council shall consist of the following members, namely:—
(a) a Chairperson, who shall be an eminent academician, scientist or technologist or professional or industrialist, to be nominated by the Visitor;
(b) the Director, ex officio;
(c) the Financial Adviser in the Ministry or Department of the Government of India dealing with the National Institute of Design, ex officio;
(d) the Joint Secretary, in the Ministry or Department in the Government of India dealing with the National Institute of Design, ex officio;
(e) one representative of the Ministry or Department of the Government of India not below the rank of Joint Secretary dealing with Higher Education, to be nominated by the Secretary of that Ministry or Department, ex officio;
(f) one representative of the Ministry or Department of the Government of India not below the rank of Joint Secretary dealing with Information Technology to be nominated by the Secretary of that Ministry or Department, ex officio;
(g) one representative from the State in which the Institute campus is located, to be nominated by that State Government;
(h) five professionals, one each from the fields of architecture, engineering, fine arts, mass media and technology, to be nominated by the Central Government;
(i) an outstanding Designer, to be nominated by the Visitor in consultation with the Central Government;
(j) a management expert, to be nominated by the Chairperson;
(k) a representative of the Micro, Small and Medium Enterprises, to be nominated by the Central Government;
(l) three persons to be nominated by the Senate from amongst persons recommended by companies, firms or individuals who have provided financial assistance or contribution to the Institute:
Provided that the threshold of financial assistance or contribution and other requirements to qualify for such nomination shall be such as may be provided for in the Statutes; and
(m) Dean of each Institute campus, ex officio.
Term of office of, vacancies among, and allowances payable to Chairperson and other members of Governing Council.
12. (1) The term of office of the Chairperson or any other member of the Governing Council (other than an ex officio member) shall be three years from the date of his nomination.
(2) Save as otherwise provided in this section, 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.
(3) The term of office of a member of the Governing Council nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated.
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