THE NATIONAL INSTITUTES OF FOOD TECHNOLOGY,  
ENTREPRENEURSHIP AND MANAGEMENT ACT, 2021 
_______________ 

ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title and commencement. 
2.  Declaration of certain Institutes as institutions of national importance. 
3.  Definitions. 

CHAPTER II 
THE INSTITUTES 

4.  Incorporation of Institutes. 
5.  Effect of incorporation of Institutes. 
6.  Powers and functions of Institutes. 
7.  Institutes to be open to all races, creed and classes. 
8.  Institutes to be not-for-profit legal entity. 
9.  Teaching at Institutes. 

CHAPTER III 
THE AUTHORITIES OF INSTITUTES 

10.  Authorities of Institutes. 
11.  Board of Governors. 
12.  Powers and functions of Board. 
13.  Term of office of, vacancies among, and allowances payable to, Members of Board. 
14.  Filling of casual vacancy. 
15.  Resignation of Members. 
16.  Senate. 
17.  Functions of Senate. 
18.  Powers and functions of Chairperson. 
19.  Director. 
20.  Registrar. 
21.  Other authorities and officers. 
22.  Appointments. 
23.  Statutes. 
24.  Statutes how made. 
25.  Ordinances. 
26.  Ordinances how made. 

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SECTIONS 

27.  Tribunal of Arbitration. 

CHAPTER IV 
THE COUNCIL 

28.  Establishment of Council. 
29.  Term of office of, vacancies among, and allowances payable to members of Council. 
30.  Functions of Council. 
31.  Meetings of Council. 

CHAPTER V 
FINANCE, ACCOUNTS AND AUDIT 

32.  Grants by Central Government. 
33.  Fund of Institutes. 
34.  Accounts and audit. 
35.  Pension, insurance and provident funds. 

CHAPTER VI 
MISCELLANEOUS 

36.  Acts and proceedings not to be invalidate by vacancies, etc. 
37.  Protection of action taken in good faith. 
38.  Power to make rules. 
39.  Rules, Statutes and Ordinances to be published in Official Gazette and to be laid before 

Parliament. 

40.  Power to remove difficulties. 
41.  Transitional provisions. 
THE SCHEDULE 

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THE NATIONAL INSTITUTES OF FOOD TECHNOLOGY, 

ENTREPRENEURSHIP AND MANAGEMENT ACT, 2021 

ACT NO. 19 OF 2021 

An Act to declare certain institutions of Food Technology, Entrepreneurship and Management to be the 
institutions  of  national  importance  and  to  provide  for  instructions  and  research  in  food technology, 
entrepreneurship  and  management  and  for  the  advancement  of  learning  and  dissemination  of 
knowledge in such branches and for matters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 

[30th July, 2021.]  

CHAPTER I 

PRELIMINARY 

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  National  Institutes  of  Food 

Technology, Entrepreneurship and Management Act, 2021.  

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint: 

Provided that different dates may be appointed for different provisions of this Act and any reference 
in any such provision to the commencement of this Act shall be construed as a reference to the coming 
into force of that provision. 

2. Declaration of certain Institutes as institutions of national importance.—Whereas the objects 
of the Institutes mentioned in the 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. 

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

(a) “Board” in relation to an Institute means the Board of Governors referred to in section 11; 

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

(c) “corresponding Institute” in relation to an Institute mentioned in column (2) of the Schedule, 

means an Institute as specified in column (3) of the said Schedule; 

(d) “Council” means the Council established under section 28; 

(e) “Director” means the Director of the Institute appointed under section 19; 

(f) “existing Institute” means an Institute mentioned in column (2) of the Schedule; 

(g) “Fund” means the Fund of the Institute to be maintained under section 33; 

(h) “Institute” means the Institute mentioned in column (3) of the Schedule; 

1. 1st October, 2021, vide notification No. S.O. 4036(E), dated 30th September, 2021, see Gazette of India, Extraordinary, Part II, 

sec. 3 (ii).   

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

(j) “notification” means a notification published in the Official Gazette; 

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

(l) “Registrar” means the Registrar of the Institute appointed under section 20; 

(m) “Schedule” means the Schedule appended to this Act; 

(n) “Senate” means the Senate of the Institute referred to in section 16; 

(o) “Society” means the existing Institute registered as a Society under the Societies Registration 

Act, 1860 (21 of 1860); and 

(p) “Statutes and Ordinances” in relation to any Institute means, the Statutes and Ordinances of 

that Institute made under this Act. 

CHAPTER II 

THE INSTITUTES 

4.  Incorporation  of  Institutes.—On  and  from  the  date  of  commencement  of  this  Act,  each  of  the 
Institute mentioned in column (3) of the Schedule shall be a body corporate, having perpetual succession 
and  a  common  seal,  with  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 the said name, sue or be sued. 

5. Effect of incorporation of Institutes. —On and from the date of commencement of this Act,— 

(a) any  reference  to  an existing  Institute  in  any  other  law for  the  time  being  in force  or  in  any 

contract or other instrument shall be deemed as a reference to the corresponding Institute; 

(b) all properties, movable and immovable, of or belonging to an existing Institute shall vest in 

the corresponding Institute; 

(c) all rights and liabilities of an existing  Institute shall be transferred to, and be the rights and 

liabilities of the corresponding Institute; 

(d) every person employed by an existing Institute immediately before such commencement shall 
hold  his  office  or  service  in  the  corresponding  Institute,  with  the  same  tenure,  for  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 had this Act not been 
enacted,  and  shall  continue  to  do  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  and  conditions  of the  contract  with  the 
said 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  case  of  permanent  employee  and  one 
month's remuneration in the case of other employee: 

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

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

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

6. Powers and functions of Institutes.—(1) Subject to the provisions of this Act, each Institute shall 

exercise the following powers and perform the following functions, namely:— 

(a) to provide for instruction and research in such branches of food science and food technology, 
and  any  other  branches  of  engineering,  technology,  science  and  management  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, certificates 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  discipline  of  all  categories  of  employees  and  students  of  the 
Institute and to make arrangements for promoting their health, general welfare, cultural and corporate 
life; 

(g) to provide for the maintenance of units of the National Cadet Corps for the students; 

(h) to institute academic and other posts and to make appointments thereto except the Director; 

(i) 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; 

(j)  to  receive  gifts,  grants,  donations  or  benefactions  from  the  Government  and  to  receive 
bequests,  donations  and  transfers  of  movable  or  immovable  property  from  testators,  donors  or 
transferors, as the case may be; 

(k) to  co-operate and  collaborate  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; 

(l) to institute and award fellowships, scholarships, exhibitions, prizes and medals; and 

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(m) 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.  

7.  Institutes  to  be  open  to  all  races,  creed  and  classes.—(1)  Each  Institute  shall  be  open  to  all 
persons irrespective of gender, 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, officers, employees 
or workers or in any other connection whatsoever. 

(2) No bequest, donation or transfer of any property shall be accepted by any Institute, which in the 

opinion of the Council involves conditions or obligations opposed to the spirit and object of this section. 

(3) The admission to every academic course or programme of study in each Institute shall be based on 
merit, assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the 
commencement of the process of admission by such Institute: 

Provided  that  nothing  in  this  section  shall  be  deemed  to  prevent  the  Institute  from  making  special 
provisions for the employment or admission of women, persons with disabilities or for persons belonging 
to any socially and educationally backward classes of citizens and, in particular, for the Scheduled Castes 
and the Scheduled Tribes: 

Provided further that each such Institute shall be a Central Educational Institution for the purposes of 

the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007). 

8. Institutes to be not-for-profit legal entity.—(1) Each Institute shall be a not-for-profit legal entity 
and no part of the surplus, if any, in revenue of the Institute, after meeting all expenditures in regard to its 
operations under this Act, shall be invested for any purpose other than for the growth and development of 
the Institute or for conducting research therein. 

(2) Each Institute shall strive to raise funds for self-sufficiency and sustainability. 

9.Teaching at Institutes.—All teaching at each of the Institutes shall be conducted by or in the name 

of the Institute in accordance with the Statutes and Ordinances made in this behalf. 

CHAPTER III 

THE AUTHORITIES OF INSTITUTES 

10. Authorities of Institutes.—The following shall be the authorities of an Institute, namely:— 

(a) a Board of Governors; 

(b) a Senate; and 

(c) such other authorities as may be declared by the Statutes to be the authorities of the Institute. 

11.  Board  of  Governors.—(1)  The  Board  of  Governors  of  each  Institute  shall  be  the  principal 

executive body of that Institute. 

(2) The Board of each Institute shall consist of the following Members, namely:— 

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(a)  a  Chairperson,  from  amongst  eminent  persons  distinguished  in  the field  of food industry  or 
education  or  food  science  or  food  processing  technology  or  management  or  such  other  field,  to  be 
appointed by the Central Government; 

(b) the Director of the Institute 

— Member, ex officio;  

(c)  the  Chairperson  of  the  Food  Safety  and 

— Member, ex officio;  

Standards Authority of India or his nominee 

(d) 

the  Indian 
Council of Agricultural Research or his nominee 

the  Director-General  of 

(e) one representative, not below the rank of 
a  Director,  of the  Ministry  or  Department  of  the 
Central  Government 
dealing  with  Food 
Processing Industries 

(f) 

two 

representatives  having 

special 
knowledge  in  the  field  of  food  processing 
the  Central 
industry 
Government 

to  be  nominated  by 

— Member, ex officio; 

— Member, ex officio; 

— Members; 

(g)  one 

representative 

from  an 

Indian 

— Member, ex officio; 

Institute of Management 

(h)  one 

representative 

from  an 

Indian 

— Member, ex officio; 

Institute of Technology 

(i) the Dean of Faculty of the Institute, if any  — Member, ex officio; 

(j)  Secretary  to  the  Government  of  India  in 
the  Department  of  Higher  Education  or  his 
nominee 

(k)  three  faculty  members  of  the  Institute 
from  amongst  Professors,  Associate  Professors 
and Assistant Professors, by rotation of seniority 

  (l)  one  nominee  of  the  concerned  State 
Government  not  below  the  rank  of  a  Joint 
Secretary 

— Member, ex officio; 

— Members, ex officio; 

— Member, ex officio; and 

(m) Registrar of the Institute 

— Member-Secretary, ex officio. 

(3) The Chairperson shall have the power to invite any number of experts, not being members of the 

Board, to attend meetings of the Board, but such invitees shall not be entitled to vote at the meeting. 

12. Powers and functions of Board.—(1) Subject to the provisions of this Act, the Board of each 
Institute  shall  be  responsible for the  general superintendence,  direction  and  control  of  the affairs  of the 
Institute  and  shall  exercise  all  the  powers  of  the  Institute  not  otherwise  provided  for  by  this  Act,  the 
Statutes and the Ordinances, and shall have the power to review the acts of the Senate. 

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(2) Without prejudice to the provisions of sub-section (1), the Board of each Institute shall exercise 

the following powers and perform the following functions, namely:— 

(a)  to  take  decision  on  questions  of  policy  relating  to  the  administration  and  working  of  the 

Institute; 

(b) to examine and approve the annual budget estimates of the Institute; 

(c) to examine and approve the plan for development of the Institute and to identify sources of 

finance for implementation of the plan; 

(d) to establish departments, faculties or schools of studies and initiate programmes or courses of 

study at the Institute; 

(e) to set-up centres of food processing studies and allied areas within the country after approval 

of the Central Government; 

(f) to grant degrees, diplomas and other academic distinctions or titles, and to institute and award 

fellowships, scholarships, prizes and medals; 

(g) to confer honorary degrees in such manner as may be specified by the Statutes; 

(h) to grant honorary awards and other distinctions; 

(i)  to create academic,  administrative,  technical and other  posts and  determine,  by  Statutes, the 
qualification, classification, terms and conditions of service and method of appointment of such posts; 

(j) to set-up centres of food processing studies and allied areas outside India in accordance with 
the  guidelines  laid  down by  the  Central  Government from  time  to  time  and in  accordance  with the 
provisions of the laws for the time being in force in such foreign country; 

(k) to pay, variable pay to the Director of the Institute on the basis of performance objectives as 

may be specified by the Statutes; 

(l) to make, amend and repeal the Statutes; 

(m) to consider and modify or cancel the Ordinances; and 

(n)  to  exercise  such  other  powers  and  perform  such  other  functions  as  may  be  conferred  on  or 

assigned to it by this Act or the Statutes. 

(3)  Subject  to  the  provisions  of  this  Act,  the  Board  may,  by  Statutes,  delegate  such  powers  and 

functions of the Board to the Director as it may deem fit. 

(4) The Board shall conduct an annual review of the performance of the Director, in the context of the 

achievements of objects of the Institute: 

Provided that  such  review shall  include  performance review  of faculty  members  of  the  Institute on 

such parameters, periodicity and terms of reference as may be determined by the Board. 

(5)  The  Board  shall,  through  an  independent  agency  or  group  of  experts,  within  a  period  of  three 
years  from  the  date  of  incorporation  of  the  Institute,  and  thereafter  at  least  once  every  three  years, 

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evaluate and review the performance of the Institute, including its faculty, on the parameters of long term 
strategy  and  rolling  plans  of  the  Institute  and  such  other  parameters  as  the  Board  may  decide  and  the 
report of such review shall be placed in public domain. 

(6) The qualifications, experience and the manner of selection of the independent agency or group of 

experts, referred to in sub-section (5), shall be such as may be specified by the Statutes. 

(7) The report of the evaluation and review under sub-section (5) shall be submitted by the Board to 

the Central Government along with an action taken report: 

Provided that the Central Government may after considering the report, give suggestions to the Board 

for further actions to be taken by it. 

(8)  Where  in  the  opinion  of  the  Chairperson  or  the  Director,  the  situation  is  so  emergent  that  an 
immediate decision needs to be taken in the interest of the Institute, the Chairperson, in consultation with 
the Director, may issue such orders as may be necessary after recording the grounds for his opinion: 

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

(9)  The  Board  shall,  in  exercise  of  its  powers  and  discharge  of  its  functions  under  this  Act,  be 
accountable to the Central Government, and the Central Government may issue directions to the Board in 
public interest on the matters of policy. 

(10)  The  Board  shall  have  the  power  to  appoint  such  Committees  as  it  considers  necessary  for  the 

exercise of its powers and performance of its functions under this Act. 

13.  Term  of  office  of,  vacancies  among,  and  allowances  payable  to,  Members  of  Board.—(1) 
Save as otherwise provided in this section, the term of office of the Chairperson or a Member, other than 
an ex officio Member, shall be for a period of three years from the date of his appointment or nomination. 

(2) 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 of the Board. 

(3) Notwithstanding anything contained in this section, an outgoing Member, other than an ex officio 
Member, shall, unless the Council otherwise directs, continue in office until another person is nominated 
as a Member in his place or until the expiry of six months whichever is earlier. 

(4) The Members of the Board, other than an ex officio Member, shall be entitled to such allowances, 

as may be provided by the Statutes. 

14. Filling of casual vacancy.—When a vacancy occurs in the office of the Chairperson or Member 
whether  by  reason  of  removal,  resignation,  death  or  otherwise,  such  vacancy  shall  be  filled  within  a 
period of six months from the date of such vacancy in accordance with the provisions of section 11. 

15.    Resignation  of  Members.—The  Chairperson  or  a  Member,  other  than  an  ex  officio  Member, 

may, by notice in writing under his hand addressed to the Central Government, resign his office: 

Provided  that  the  Chairperson  or  a  Member,  other  than  an  ex  officio  Member,  shall,  unless  he  is 
permitted  by  the  Central  Government  to  relinquish  his  office  sooner,  continue  to  hold  office  until  the 

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expiry  of  six  months  from  the  date  of  receipt  of  such  notice  or  until  a  person  duly  appointed  as  his 
successor enters upon his office or until the expiry of his term of office, whichever is the earliest. 

16. Senate.—(1) The Senate shall be the principal academic body of the Institute, consisting of the 

following persons, namely:— 

(a) the Director 

(b) the Registrar 

(c)  all  full  time  faculty  at  the  level  of 
Professors  appointed  or  recognised  as 
such  by  the  Institute  for  the  purpose  of 
imparting instructions in the Institute 

(d) three persons, not being employees of 
the  Institute,  to  be  nominated  by  the 
Board  in  consultation  with  the  Director 
from amongst academicians of repute, one 
each  from  the  fields  of  food  science, 
management and food technology 

(e)  such  other  members  of  the  staff  as 
may be laid down in the Statutes 

                     — Chairperson, ex officio; 

                     — Member, ex officio; 

                     — Members, ex officio; 

                      — Members; and 

               — Members, ex officio.  

 (2) The term of office of a Member nominated under clause (d) of sub-section (1) shall be two years 

from the date of his nomination. 

(3) 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. 

17. Functions of Senate.—Subject to the provisions of this Act, the Statutes and the Ordinances, the 
Senate  of  an  Institute  shall  have  the  control  and  general  regulation,  and  be  responsible  for  the 
maintenance of standards of instruction, education and examination in the Institute and shall exercise such 
other powers and perform such other functions as may be conferred on or assigned to it by the Statutes. 

18.  Powers  and  functions  of  Chairperson.—(1)  The  Chairperson  shall  ordinarily  preside  at  the 

meetings of the Board and at the Convocations of the Institute. 

(2)  It  shall  be  the  duty  of  the  Chairperson  to  ensure  that  the  decisions  taken  by  the  Board  are 

implemented. 

(3)  The  Chairperson  shall  exercise  such  other  powers  and  perform  such  other  functions  as  may  be 

conferred on or assigned to him by this Act or the Statutes. 

19. Director.—(1) The Director shall be appointed by the Board. 

(2)  The  Director  shall  be  the  principal  academic  and  executive  officer  of  the  Institute  and  shall  be 
responsible for the proper administration of the Institute and for imparting of instruction and maintenance 
of discipline therein. 

(3) The Director shall submit annual reports and accounts to the Board. 

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(4)  The  Director  shall  exercise  such  other  powers  and  perform  such  other  functions  as  may  be 

conferred on or assigned to him by this Act or the Statutes or Ordinances. 

20. Registrar.—(1) The Registrar of each Institute shall be appointed on such terms and conditions as 
may be laid down by the Statutes and shall be the custodian of the records, common seal, funds of the 
Institute and such other property of the Institute as the Board shall commit to his charge. 

(2) The Registrar shall act as the Secretary of the Board, the Senate and such Committees as may be 

specified by the Statutes. 

(3) The Registrar shall be responsible to the Director for the proper discharge of his functions. 

(4)  The  Registrar  shall  exercise  such  other  powers  and  perform  such  other  functions  as  may  be 

conferred on or assigned to him by this Act or the Statutes or by the Director. 

21.  Other  authorities  and  officers.—The  powers  and  functions  of  other  authorities  and  officers, 

other than those mentioned above, shall be such as may be determined by the Statutes. 

22.  Appointments.—  All  appointments  of  the  staff  of  every  Institute  shall  be  made  in  accordance 

with the procedure laid down in the Statutes, by— 

(a)  the  Board,  if  the  appointment  is  of  the  academic  staff  in  the  post  of  Assistant  Professor  or 
above or if the appointment is of the non-academic staff in any post which is above level 7 in the pay 
matrix; and 

(b) the Director, in any other case. 

23.  Statutes.—Subject  to the  provisions  of  this  Act, the  Statutes  may  provide  for  all  or  any  of  the 

following matters, namely:— 

(a) the conferment of honorary degrees; 

(b) the formation of departments of teaching; 

(c)  the  fees  to  be  charged  for  courses  of  study  in  the  Institute  and  for  admission  to  the 

examinations for degrees and diplomas of the Institute; 

(d) the institution of fellowships, scholarships, exhibitions, medals and prizes; 

(e) the qualifications, classification, terms and conditions of service and method of appointment 

to academic, administrative, technical and other posts; 

(f)  the  constitution  of  pension,  insurance  and  provident  funds  for  the  benefit  of  the  officers, 

teachers and other staff of the Institute; 

(g) the constitution, powers and functions of the authorities of the Institute; 

(h) the establishment and maintenance of halls and hostels; 

(i) the conditions for residence of students of the Institute and charging of fees for residence in 

the halls and hostels and other charges; 

(j) the manner of filling up the vacancies of Members of the Board; 

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(k) the allowances to be paid to the Chairperson and Members of the Board; 

(l) the authentication of the orders and decisions of the Board; 

(m) the financial accountability of the Institute; 

(n) the meetings of the Board, the Senate, or any Committee, the quorum at such meetings and the 

procedure to be followed in the conduct of their business; and 

(o) any other matter which, by this Act, is required to be, or may be, specified by the Statutes.  

24. Statutes how made.—(1) The first Statutes of each Institute shall be framed by the Council with 
the previous approval of the Central Government and a copy of the same shall be laid as soon as may be 
after they are made before each House of Parliament. 

(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the 

Statutes in the manner hereafter provided in this section. 

(3) Every new Statute or addition to the Statutes or any amendment or repeal of Statute shall require 
the  previous  approval  of  the  Central  Government  which  may  approve  it  or  remit  it  to  the  Board  for 
consideration. 

(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless 

it has been approved by the Central Government. 

25.  Ordinances.—Subject  to  the  provisions  of  this  Act  and  the  Statutes,  the  Ordinances  of  the 

Institute may provide for all or any of the following matters, namely:— 

(a) the admission of the students to the Institute; 

(b) the courses of study to be laid down for all degrees and diplomas of the Institute; 

(c) the conditions under which students shall be admitted to the degree or diploma courses and to 

the examinations of the Institute, and shall be eligible for degrees and diplomas; 

(d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; 

(e)  the  conditions  and  mode  of  appointment  and  duties  of  examining  bodies,  examiners  and 

moderators; 

(f) the conduct of examinations; 

(g) the maintenance of discipline among the students of the Institute; and 

(h) any  other  matter  which,  by  this  Act  or  the  Statutes,  is  to be  or  may  be  provided  for  by  the 

Ordinances. 

26. Ordinances how made.—(1) Save as otherwise provided in this section, the 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  after  it  is  made,  to  the  Board  and  shall  be 
considered by the Board at its next meeting. 

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(3) The Board shall have power by resolution to modify or cancel any Ordinance and such Ordinance 

shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.  

27. Tribunal of Arbitration.—(1) Any dispute arising out of a contract between the 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 concerned, and an umpire appointed by the Central Government. 

(2) The decision of the Tribunal of Arbitration shall be final, and no suit shall lie in any civil court in 

respect of the matters decided by the said Tribunal: 

Provided that nothing in this sub-section shall preclude the employee or the Institute, as the case may 

be, from availing the judicial remedies available under articles 32 and 226 of the Constitution. 

(3) The Tribunal of Arbitration shall have power to regulate its own procedure. 

(4)  Nothing  in  any  law  for  the  time  being  in  force relating  to  arbitration  shall  apply  to  arbitrations 

under this section. 

CHAPTER IV 

THE COUNCIL 

28. Establishment of Council.—(1) With effect from such date as the Central Government may, by 

notification, specify in this behalf, there shall be established a central body to be called the Council. 

(2) The Council shall consist of the following members, namely:— 

the  Minister 

(a) 
Processing Industries, Central Government 

in-charge  of  Food 

— Chairperson, ex officio; 

(b)  the  Minister  of  the  State  for  Food 
Processing Industries, Central Government 

— member, ex officio; 

(c)  Chairperson,  Food  Safety  and  Standards 
Authority of India 

— member, ex officio; 

(d) the Secretary to the Government of India 
in-charge  of  the  Ministry  or  Department  of 
the  Central  Government  dealing  with 
Finance 

— member, ex officio; 

(e)  the  Chief  Executive  Officer,  National 
Institution for Transforming India 

— member, ex officio; 

(f) the Secretary to the Government of India 
in-charge  of  the  Ministry  or  Department  of 
the Central Government dealing with Higher 
Education 

— member, ex officio; 

(g)  three  representatives  of  eminence  from 
Food Processing Industry to be nominated by 
the Chairperson of the Council 

— members; 

13 

 
(h)  three  eminent  academicians  known  for 
the  field  of  food 
their  contribution 
in 
processing, 
the 
Chairperson of the Council 

to  be  nominated  by 

— members; 

(i)  three  Members  of  Parliament,  of  whom 
two  shall  be  elected  by  the  House  of  the 
People and one by the Council of States 

—members: 

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; 

(j) the Secretary to the Government of India 
in-charge  of  the  Ministry  of  the  Central 
Government  dealing  with  Food  Processing 
Industries 

— Member-Secretary, ex officio. 

(3) The Central Government may, by order, designate one amongst the members as Vice-chairperson 

to the Council. 

29.  Term  of  office  of,  vacancies  among,  and  allowances  payable  to  members  of  Council.—(1) 
Save as otherwise provided in this section, the term of office of a member of the Council, other than an  
ex officio member, shall be for a period of three years from the date of his nomination: 

Provided that the term of member referred to in clause (i) of sub-section (2) of section 28 shall come 
to  an  end  as  soon  as  the  member  becomes  a  Minister  or  Minister  of  State  or  Deputy  Minister  or  the 
Speaker  or  the  Deputy  Speaker  of  the  House  of  the  people  or  the  Deputy  Chairman  of  the  Council  of 
States or ceases to be a Member of the House from which he was elected. 

(2) 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 members of the Council referred to in clauses (g) and (h) of sub-section (2) of section 28 shall 

hold office during the pleasure of the Central Government. 

(4) The vacancy of a member of the Council, other than an  ex officio member, shall be filled up in 

such manner as may be prescribed. 

(5)  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 so nominated. 

(6) Notwithstanding anything contained in this section, an outgoing member, other than an ex officio 
member, shall, unless the Central Government otherwise directs, continue in office until another person is 
nominated as a member in his place or until the expiry of six months whichever is earlier. 

(7)  The  members  of  the  Council,  other  than  ex  officio  members,  shall  be  paid  such  travelling  and 

other allowances as may be provided by the Statutes. 

(8) A member of the Council other than an ex officio member may be removed from his office by the 

Central Government in such circumstances and manner as may be prescribed. 

14 

 
30.  Functions  of  Council.—(1)  It  shall  be  the  general  function  of  the  Council  to  co-ordinate  the 
activities of all the Institutes and it shall facilitate the sharing of experiences, ideas and concerns with a 
view to enhance the performance of the Institutes. 

(2)  Without  prejudice  to  the  provisions  of  sub-section  (1),  the  Council  shall  perform  the  following 

functions, namely:— 

(a) to lay down broader policy framework for the functioning of the Institutes; 

(b)  to  recommend  to  the  Central  Government,  the  institution  of  scholarships  including  for 
research and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and 
other socially and educationally backward classes of citizens; 

(c) to deliberate on such matters of common interest to Institutes as may be referred to it by an 

Institute; 

(d) to promote necessary coordination and co-operation in the working of the Institutes; 

(e) to review the achievement of policy objectives; and 

(f) to perform such other functions as may be prescribed. 

31. Meetings of Council.—The Council shall meet at such time and place and follow such procedure 

in its meetings (including quorum at such meetings) as may be prescribed. 

CHAPTER V 

FINANCE, ACCOUNTS AND AUDIT 

32. Grants by Central Government.—For the purpose of enabling the Institutes to discharge their 
functions  efficiently  under  this  Act,  the  Central  Government  may,  after  due  appropriation  made  by 
Parliament by law in this behalf, pay to each of the Institute in each financial year such sums of money 
and in such manner as it may think fit. 

33. Fund of Institutes.—(1) Each Institute shall maintain a Fund to which shall be credited,— 

(a) all moneys provided by the Central Government; 

(b) all fees and other charges received by the Institute; 

(c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests 

or transfers; and 

(d) all moneys received by the Institute in any other manner or from any other source. 

(2) All moneys credited to the Fund of each Institute shall be deposited in such banks or invested in 

such manner as the Institute may, with the approval of the Board, decide. 

(3) The Fund of each Institute shall be applied towards meeting the expenses of the Institute including 

expenses incurred in the exercise of its powers and discharge of its functions under this Act. 

34.  Accounts  and  audit.—(1)  Each  Institute  shall  maintain  proper  accounts  and  other  relevant 
records and prepare an annual statement of accounts including the balance sheet in such form and manner 

15 

 
as  may  be  prescribed  by  the  Central  Government  in  consultation  with  the  Comptroller  and  Auditor-
General of India. 

(2) The accounts of each Institute shall be audited by the Comptroller and Auditor-General of India 
and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the 
Comptroller and Auditor-General of India. 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  person  appointed  by  him  in  connection 
with  the  audit  of  the  accounts  of  any  Institute  shall  have  the  same  rights,  privileges  and  authority  in 
connection with such audit as the Comptroller and Auditor-General of India has in connection with the 
audit  of  the  Government  accounts,  and,  in  particular  shall  have  the  right  to  demand  the  production  of 
books,  accounts,  connected  vouchers  and  other  documents  and  papers  and  to  inspect  the  offices  of  the 
Institute. 

(4) The accounts of each Institute as certified by the Comptroller and Auditor-General of India or any 
other  person  appointed  by  him  in  this  behalf  together  with  the  audit  report  thereon  shall  be  forwarded 
annually  to  the  Central  Government  and  that  Government  shall  cause  the  same  to  be  laid  before  each 
House of Parliament in accordance with such procedure as may be laid down by the Central Government. 

35. Pension, insurance and provident funds.—(1) Each Institute shall constitute for the benefit of 
its employees, including the Director, in such manner and subject to such conditions as may be specified 
by the Statutes, such pension, insurance and provident funds as it may deem fit. 

(2)  Where  the  provident  fund  referred  to  in  sub-section  (1)  has  been  constituted,  the  Central 
Government may declare that the provision of the Provident Funds Act, 1925 (19 of 1925) shall apply to 
such fund as if it were a Government Provident Fund. 

CHAPTER VI 

MISCELLANEOUS 

36. Acts and proceedings not to be invalidate by vacancies, etc.—No act of the Council, or any 
Institute, or Board, or Senate or any other Committee set up under this Act or the Statutes shall be invalid 
merely by reason of— 

(a) any vacancy in, or defect in, the constitution thereof; or 

(b) any defect in the nomination or appointment of a person acting as member thereof; or 

(c) any irregularity in its procedure not affecting the merits of the case.  

37. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the Chairperson or Members of the Board, Senate or Council or any officer or employee of the 
Institute for anything which is in good faith done or intended to be done in pursuance of the provisions of 
this Act, the Statutes or the Ordinances. 

38. Power  to  make rules.—(1) The  Central  Government  may,  by  notification,  make  rules  to  carry 

out the provisions of this Act. 

16 

 
(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the manner of filling up the vacancy under sub-section (4) of section 29; 

(b) the circumstances and the manner in which a member of the Council may be removed from 

his office under sub-section (8) of section 29; 

(c) the other functions of the Council under clause (f) of sub-section (2) of section 30; 

(d) the  time  and  place  of meeting  of the  Council, its  quorum  and the  procedure  for  conducting 

business therein under section 31; 

(e) the form and manner in which the annual statement of accounts including the balance sheet 

shall be prepared under sub-section (1) of section 34; and 

(f) any other matter which is required to be, or may be, prescribed. 

39.  Rules,  Statutes  and  Ordinances  to  be  published  in  Official  Gazette  and  to  be  laid  before 
Parliament.—(1) Every rule, every Statute and every Ordinance made under this Act shall be published 
in the Official Gazette. 

(2) Every rule, every Statute and every Ordinance made under this Act shall be laid, as soon as may 
be, after it is made, before each House of Parliament, while it is in session, for a total period of thirty days 
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of 
the session immediately following the session or the successive sessions aforesaid, both Houses agree in 
making any modification in the rule, Statute or Ordinance or both Houses agree that the rule, Statute or 
Ordinance  should  not  be  made,  the  rule,  Statute  or  Ordinance  shall  thereafter  have  effect  only  in  such 
modified  form  or  be  of  no  effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or 
annulment shall be without prejudice to the validity of anything previously done under that rule, Statute 
or Ordinance.  

40. Power to remove  difficulties.—(1)  If  any  difficulty  arises  in  giving  effect to  the  provisions  of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions 
not  inconsistent  with  the  provisions  of  this  Act  as  may  appear  to  it  to  be  necessary  or  expedient  for 
removing the difficulty: 

Provided that no order shall be made under this section after the expiry of three years from the date of 

commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

41. Transitional provisions.—Notwithstanding anything contained in this Act,— 

(a)  the  Board  of  Governors  of  an  Institute  functioning  as  such  immediately  before  the 
commencement of this Act shall continue to function until a new Board is constituted for that Institute 
under this Act, but on the constitution of a new Board under this Act, the members of the existing 
Board holding office before such constitution shall cease to hold office; 

17 

 
(b) until the first Statutes and Ordinances are made under this Act, the Statutes and Ordinances of 
the existing Institutes, as in force immediately before the commencement of this Act, shall continue to 
apply to the corresponding Institutes in so far as they are not inconsistent with the provisions of this 
Act. 

18 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE SCHEDULE 

[See section 4] 

Sl. No. 

Name of existing Institute 

Name of corresponding Institute 

(1) 

1. 

2. 

(2) 

(3) 

National Institute of Food 
Technology Entrepreneurship and 
Management (NIFTEM) Kundli, 
Haryana. 

National Institute of Food Technology, 
Entrepreneurship and Management,. Kundli, 
Haryana. 

Indian Institute of Food Processing 
Technology (IIFPT) Thanjavur, 
Tamil Nadu. 

National Institute of Food Technology, 
Entrepreneurship and Management, Thanjavur, 
Tamil Nadu. 

19 

 
 
 
