THE INSTITUTES OF TECHNOLOGY ACT, 1961                                                                                                                                        

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ARRANGEMENT OF SECTIONS                                                                                                            

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CHAPTER I 
PRELIMINARY 

SECTIONS 

1. Short title and commencement. 

2. Declaration of certain institutions as institutions of national importance. 

3. Definitions. 

CHAPTER II 
THE INSTITUTES 

4. Incorporation of institutes. 

5. Effect of incorporation of institutes. 

5A. Effect of incorporation of Institute of Technology, Roorkee. 

5B. Effect of incorporation of Indian Institute of Technology (Banaras Hindu University), Varanasi. 

6. Powers of Institutes. 

7. Institutes to be open to all races, creeds and classes. 

8. Teaching at Institute. 

9. Visitor. 

10. Authorities of Institutes. 

11. Board of Governors. 

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

13. Functions of Board. 

14. Senate. 

15. Functions of Senate. 

16. Chairman of Board. 

17. Director. 

18. Deputy Director. 

19. Registrar. 

20. Other authorities and officers. 

21. Grants by Central Government. 

22. Fund of the Institute. 

23. Accounts and audit. 

24. Pension and provident fund. 

25. Appointments. 

26. Statutes. 

27. Statutes how made. 

28. Ordinances. 

29. Ordinances how made. 

30. Tribunal of Arbitration. 

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CHAPTER III 

THE COUNCIL 

SECTIONS 

31. Establishment of Council. 

32. Term of office of, vacancies among, and allowances payable to, members of Council. 

33. Functions of Council.  

34. Chairman of Council. 

35. Power to make rules in respect of matters in this Chapter. 

36. Acts and proceedings not to be invalidated by vacancies. 

CHAPTER IV 

MISCELLANEOUS 

37. Power to remove difficulties. 

38. Transitional provisions. 

39. Repeal and savings. 

THE SCHEDULE. 

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THE INSTITUTES OF TECHNOLOGY ACT, 1961 

ACT NO. 59 OF 1961 

An Act to declare certain institutions of technology to be institutions of national importance and 
to  provide  for  certain  matters  connected  with  such  institutions  and  the  Indian  Institute  of 
Technology, Kharagpur. 

BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:— 

[19th December, 1961.] 

CHAPTER I 
PRELIMINARY 

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

Act, 1961. 

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

Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. 

2. Declaration of certain institutions as institutions of national importance.—Whereas the objects 
of the institutions known as the Indian Institute of Technology, Bombay, 2[the College of Engineering and 
Technology,  Delhi,] 3[the  Indian  Institute  of  Technology,  Guwahati,  Assam]  the  Indian  Institute  of 
Technology,  4[Kanpur, the Indian  Institute of Technology, Madras 5[the Indian  Institute of Technology, 
Roorkee]], the Indian Institute of Technology, Bhubaneswar, the Indian Institute of Technology, Gandhi 
Nagar,  the  Indian  Institute  of  Technology,  Hyderabad,  the  Indian  Institute  of  Technology,  Indore,  the 
Indian Institute of Technology, Jodhpur, the Indian Institute of Technology, Mandi, the Indian Institute of 
Technology,  Patna,  the  Indian  Institute  of  Technology,  Ropar 6[and  the  Indian  Institute  of  Technology 
(Banaras Hindu University), Varanasi] are such as to make them institutions of national importance, it is 
hereby declared that each such institution is an institution of national importance. 

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

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

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

(c) “corresponding Institute” means,— 

(i) in relation to the society known as the Indian Institute of Technology, Bombay, the Indian 

Institute of Technology, Bombay; 

7[(ia) in relation to the society known as the College of Engineering and Technology, Delhi, 

the Indian Institute of Technology, Delhi;] 

8[(ib)  in  relation  to  the  society  known  as  the  Indian  Institute  of  Technology,  Guwahati, 

Assam, the Indian Institute of Technology, Guwahati.] 

1. 1st April, 1962, vide notification No. S.O. 929, dated 23rd March, 1962, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 
2. Ins. by Act 29 of 1963, s. 2 (w.e.f. 13-9-1963). 
3. Ins. by Act 35 of 1994, s. 2 (w.e.f. 1-9-1994). 
4. Subs. by Act 16 of 2002, s. 2, for “Kanpur and the Indian Institute of Technology, Madras” (w.e.f. 21-9-2001). 
5. Subs. by Act 34 of 2012, s. 2, for “and the Indian Institute of Technology, Roorkee” (w.e.f. 29-6-2012). 
6. The words in brackets shall stand substituted (date to be notified) by Act 41 of 2016, s. 2 to read as under:— 

“the  Indian  Institute  of  Technology  (Banaras  Hindu  University),  Varanasi,  the  Indian  Institute  of  Technology,  Tirupati,  the 
Indian  Institute  of  Technology,  Palakkad,  the  Indian  Institute  of  Technology,  Goa,  the  Indian  Institute  of  Technology, 
Dharwad,  the  Indian  Institute  of  Technology,  Bhilai,  the  Indian  Institute  of  Technology,  Jammu  and  the  Indian  Institute  of 
Technology (Indian School of Mines), Dhanbad”. 

7. Ins. by Act 29 of 1963, s. 3 (w.e.f. 13-9-1963). 
8. Ins. by Act 35 of 1994, s. 3 (w.e.f. 1-9-1994). 

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(ii) in relation to the society known as the Indian Institute of Technology (Kanpur) Society, 

the Indian Institute of Technology, Kanpur, 1*** 

(iii) in relation to the society known as the Indian Institute of Technology, Madras, the Indian 

Institute of Technology Madras; 

2[(iv) in relation  to  the  University  of  Roorkee,  Roorkee, the  Indian  Institute of Technology, 

Roorkee;] 

3[(v) in relation to the society known as the Indian Institute of Technology, Bhubaneswar, the 

Indian Institute of Technology, Bhubaneswar; 

(vi) in relation to the society known as the Indian Institute of Technology, Gandhinagar, the 

Indian Institute of Technology, Gandhinagar; 

(vii)  in  relation to the  society  known  as the  Indian  Institute of Technology,  Hyderabad, the 

Indian Institute of Technology, Hyderabad; 

(viii) in relation to the society known as the Indian Institute of Technology, Indore, the Indian 

Institute of Technology, Indore; 

(ix)  in  relation  to  the  society  known  as  the  Indian  Institute  of  Technology,  Rajasthan,  the 

Indian Institute of Technology, Jodhpur; 

(x) in relation to the society known as the Indian Institute of Technology, Mandi, the Indian 

Institute of Technology, Mandi; 

(xi) in relation to the society known as the Indian Institute of Technology, Patna, the Indian 

Institute of Technology, Patna; 

(xii) in relation to the society known as the Indian Institute of Technology, Punjab, the Indian 

Institute of Technology, Ropar; 

(xiii)  in  relation  to  the  Institute  of  Technology,  Banaras  Hindu  University,  referred  to  in 

Statute  25(A)(1)  of  the  Statutes  set  out  in  the  Schedule  to  the  Banaras  Hindu  University             
Act,  1915  (16  of  1915),  the  Indian  Institute  of  Technology  (Banaras  Hindu  University), 
Varanasi;] 

4[(xiv)  in  relation  to  the  society  known  as  the  Indian  Institute  of  Technology,  Tirupati,  the 

Indian Institute of Technology, Tirupati; 

(xv)  in  relation  to  the  society  known  as  the  Indian  Institute  of  Technology,  Palakkad,  the 

Indian Institute of Technology, Palakkad; 

(xvi) in relation to the society known as the Indian Institute of Technology, Goa, the Indian 

Institute of Technology, Goa; 

(xvii)  in  relation  to  the  society  known  as  the  Indian  Institute  of  Technology,  Dharwar,  the 

Indian Institute of Technology, Dharwad; 

(xviii)  in  relation  to  the  society  known  as  the  Indian  Institute  of  Technology,  Bhilai,  the 

Indian Institute of Technology, Bhilai; 

(xix) in relation to the society known as the Indian Institute of Technology, Jammu, the Indian 

Institute of Technology, Jammu; 

(xx)  in  relation  to  the  society  known  as  the  Indian  School  of  Mines,  Dhanbad,  the  Indian 

Institute of Technology (Indian School of Mines), Dhanbad.] 

1. The word “and” omitted by Act 16 of 2002, s. 3 (w.e.f. 21-9-2001). 
2. Ins. by s. 3, ibid. (w.e.f. 21-9-2001). 
3. Ins. by Act 34 of 2012, s. 3 (w.e.f. 29-6-2012). 
4. The words in brackets shall stand inserted (date to be notified) by Act 41 of 2016, s. 3. 

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(d) “Council” means the Council established under sub-section (1) of section 31; 

(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  section  2  and  includes  the  Indian 
Institute  of  Technology,  Kharagpur,  incorporated  under  the  Indian  Institute  of  Technology 
(Kharagpur) Act, 1956 (5 of 1956); 

1[(ga)  “Institute  of  Technology,  Banaras  Hindu  University”  means  the  Institute  of  Technology, 
Banaras Hindu University, referred to in Statute 25(A)(1) of the Statutes set out in the Schedule to the 
Banaras Hindu University Act, 1915 (16 of 1915);] 

2[(gb)  “Indian  School  of  Mines,  Dhanbad”  means  the  society  known  as  the  Indian  School  of 

Mines, Dhanbad;] 

(h) “Registrar”, in relation to any Institute, means the Registrar thereof; 

(i) “Senate”, in relation to any Institute, means the Senate thereof; 

(j)  “society”  means  any  of  the  following  societies  registered  under  the  Societies  Registration     

Act, 1860, (21 of 1860) namely:— 

(i) the Indian Institute of Technology, Bombay; 
3[(ia) the College of Engineering and Technology, Delhi;] 
4[(ib) the Indian Institute of Technology, Guwahati, Assam,] 

(ii) the Indian Institute of Technology (Kanpur) Society; 

(iii) the Indian Institute of Technology, Madras; 
1[(iv) the Indian Institute of Technology, Bhubaneswar; 

(v) the Indian Institute of Technology, Gandhinagar; 

(vi) the Indian Institute of Technology, Hyderabad; 

(vii) the Indian Institute of Technology, Indore; 

(viii) the Indian Institute of Technology, Rajasthan; 

(ix) the Indian Institute of Technology, Mandi; 

(x) the Indian Institute of Technology, Patna; 

(xi) the Indian Institute of Technology, Punjab;] 
2[(xii) the Indian Institute of Technology, Tirupati; 

(xiii) the Indian Institute of Technology, Palakkad; 

(xiv) the Indian Institute of Technology, Goa; 

(xv) the Indian Institute of Technology, Dharwad; 

(xvi) the Indian Institute of Technology, Bhilai; 

(xvii) the Indian Institute of Technology, Jammu; 

(xviii) the Indian School of Mines, Dhanbad;] 

(k) “Statutes” and “Ordinances”, in relation to any Institute, mean the Statutes and Ordinances of 

the Institute made under this Act. 

1. Ins. by Act 34 of 2012, s. 3 (w.e.f. 29-6-2012). 
2. The words in brackets shall stand inserted (date to be notified) by Act 41 of 2016, s. 3. 
3. Ins. by Act 29 of 1963, s. 3 (w.e.f. 13-9-1963). 
4. Ins. by Act 35 of 1994, s. 3 (w.e.f. 1-9-1994). 

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1[(l)  “University  of  Roorkee”  means  the  University  of  Roorkee  established  under  the  Roorkee 

University Act, 1947 (U.P. Act IX of 1948);] 

2[(m) “zone”, in relation to an Institute, means such group of States and Union territories as the 

Central Government may, by notification in the Official Gazette, specify.] 

CHAPTER II 
THE INSTITUTES 

4.  Incorporation  of  institutes.—(1)  Each  of  the  Institutes  mentioned  in  section  2  shall  be  a  body 

corporate having perpetual succession and a common seal and shall, by its name, sue and be sued. 

3[(1A) The College of Engineering and Technology, Delhi shall, on such incorporation, be called the 

Indian Institute of Technology, Delhi.] 

4[(1B) The  Indian  Institute of Technology,  Guwahati Assam  shall,  on  such  incorporation,  be called 

the Indian Institute of Technology, Guwahati.] 

5[(1C) The University of Roorkee, Roorkee shall, on such incorporation, be called the Indian Institute 

of Technology, Roorkee.] 

6[(1D) The Institute of Technology, Banaras Hindu University shall, on such incorporation, be called 

the Indian Institute of Technology (Banaras Hindu University), Varanasi.] 

7[(IE)  The  Indian  School  of  Mines,  Dhanbad  shall,  on  such  incorporation,  be  called  the  Indian 

Institute of Technology (Indian School of Mines), Dhanbad.] 

(2) The body corporate constituting each of the said Institutes shall consist of a Chairman, a Director 

and other members of the Board for the time being of the Institute. 

5. Effect of incorporation of institutes.—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 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 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 alternation 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  employees  and  one  month’s 
remuneration in the case of other employees. 

8[9[Explanation  1.]—The  reference  in  the  section  to  the  commencement  of  this  Act  shall  be 
construed in relation to the Indian Institute of Technology, Guwahati as the reference to the date on 
which the provisions of the Institutes of Technology (Amendment) Act, 1994) come into force.]  

1. Ins. by Act 16 of 2002, s. 3 (w.e.f. 21-9-2001). 
2. Ins. by Act 34 of 2012, s. 3 (w.e.f. 29-6-2012). 
3. Ins. by Act 29 of 1963, s. 4 (w.e.f. 13-9-1963). 
4. Ins. by Act 35 of 1994, s. 4 (w.e.f. 1-9-1994). 
5. Ins. by Act 16 of 2002, s. 4 (w.e.f. 21-9-2001). 
6. Ins. by Act 34 of 2012, s. 4 (w.e.f. 29-6-2012). 
7. The words in brackets shall stand inserted (date to be notified) by Act 41 of 2016, s. 4. 
8. The Explanation inserted by Act 35 of 1994, s. 5 (w.e.f. 1-9-1994). 
9. Explanation numbered as Explanation 1 thereof by Act 34 of 2012, s. 5 (w.e.f. 29-6-2012). 

6 

 
                                                           
1[Explanation  2.—The  reference  in  this  section  to  the  commencement  of  this  Act  shall  be 
construed  in  relation  to  the  Indian  Institute  of  Technology,  Bhubaneswar,  the  Indian  Institute  of 
Technology,  Gandhinagar,  the  Indian  Institute  of  Technology,  Hyderabad,  the  Indian  Institute  of 
Technology, Indore, the Indian Institute of Technology, Jodhpur, the Indian Institute of Technology, 
Mandi, the Indian Institute of Technology, Patna and the Indian Institute of Technology, Ropar, as the 
reference to the date on which the provisions of the Institutes of Technology (Amendment) Act, 2012 
come into force.] 

2[Explanation  3.—The  reference  in  this  section  to  the  commencement  of  this  Act  shall  be 
construed  in  relation  to  the  Indian  Institute  of  Technology,  Tirupati,  the  Indian  Institute  of 
Technology, Palakkad, the  Indian Institute of Technology, Goa, the  Indian Institute of Technology, 
Dharwad, the Indian Institute of Technology, Bhilai, the Indian Institute of Technology, Jammu, and 
the Indian Institute of Technology (Indian School of Mines) Dhanbad, as the reference to the date on 
which the provisions of the Institutes of Technology (Amendment) Act, 2016 come into force.] 
3[5A.  Effect  of  incorporation  of  Institute  of  Technology,  Roorkee.—On  and  from  the 

commencement of the Institutes of Technology (Amendment) Act, 2002 (16 of 2002),— 

(a) any reference to the University of Roorkee in any law (other than this Act) or in any contract 

or other instrument shall be deemed as a reference to the Indian Institute of Technology, Roorkee; 

(b) all property, movable and immovable, of or belonging to the University of Roorkee, shall vest 

in the Indian Institute of Technology, Roorkee; 

(c) all rights and liabilities of the University of Roorkee shall be transferred to, and be the rights 

and liabilities of, the Indian Institute of Technology, Roorkee; 

the  University  of  Roorkee 

(d)  every  person  employed  by 

immediately  before  such 
commencement shall hold his office or service in the Indian Institute of Technology, Roorkee 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  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  Indian  Institute  of  Technology,  Roorkee  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 
Indian Institute of Technology, Roorkee of compensation equivalent to three months’ remuneration in 
the 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  Vice-Chancellor  and     

Pro-Vice-Chancellor of the University of Roorkee 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  and  the  Deputy 
Director, respectively, of the Indian Institute of Technology, Roorkee; and 

(e) on the commencement of the Institutes of Technology (Amendment) Act, 2002 (16 of 2002), 
the  Vice-Chancellor  of  the  University  of  Roorkee,  appointed  under  the  provisions  of  the  Roorkee 
University Act, 1947 (U.P. Act IX of 1948) shall be deemed to have been appointed as Director under 
the Act, and shall hold office for a period of three months or till such time the Director is appointed, 
whichever is earlier. 

Explanation.—The reference  in  this  section to the commencement  of this  Act  shall  be construed in 
relation  to  the  Indian  Institute  of  Technology,  Roorkee  as  the  reference  to  the  date  on  which  the 
provisions of the Institutes of Technology (Amendment) Act, 2002 (16 of 2002) come into force.] 

1. Ins. by Act 34 of 2012, s. 5 (w.e.f. 29-6-2012). 
2. The words in brackets shall stand inserted (date to be notified) by Act 41 of 2016, s. 5. 
3. Ins. by Act 16 of 2002, s. 5 (w.e.f. 21-9-2001). 

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1[5B.  Effect  of 

incorporation  of  Indian  Institute  of  Technology 

(Banaras  Hindu           

University), Varanasi.—On and from the commencement of the Institutes of Technology (Amendment)                  
Act, 2012 (34 of 2012),— 

(a) any reference to the Institute of Technology, Banaras Hindu University in any law for the time 
being  in  force  (other  than  this  Act)  or  in  any  contract  or  other  instrument  shall  be  deemed  as  a 
reference to the Indian Institute of Technology (Banaras Hindu University), Varanasi; 

(b) all property, movable and immovable, of or belonging to the Institute of Technology, Banaras 
Hindu  University,  shall  vest  in  the  Indian  Institute  of  Technology  (Banaras  Hindu  University), 
Varanasi; 

(c)  all  rights  and  liabilities  of  the  Institute  of  Technology,  Banaras  Hindu  University  shall  be 
transferred to, and be the rights and liabilities of, the Indian Institute of Technology (Banaras Hindu 
University), Varanasi; 

(d) every person employed in the Institute of Technology, Banaras Hindu University immediately 
before  such  commencement  shall  hold  his  office  or  service  in  the  Indian  Institute  of  Technology 
(Banaras  Hindu  University),  Varanasi  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 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  Indian  Institute  of  Technology  (Banaras  Hindu  University),  Varanasi  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  Indian  Institute  of  Technology  (Banaras  Hindu  University), 
Varanasi  of  compensation  equivalent  to  three  months’  remuneration  in  the  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 of the Institute of 
Technology, Banaras Hindu University 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 of the Indian Institute of Technology 
(Banaras Hindu University), Varanasi; and 

(e) 

on 
Act, 2012 (34 of 2012)— 

the 

commencement 

of 

the 

Institutes 

of  Technology 

(Amendment)                                    

(i) the Vice-Chancellor of the Banaras Hindu University, appointed under the provisions of 
the Banaras Hindu University Act, 1915 (16 of 1915) shall be deemed to have been appointed as 
ex  officio  Chairman  of  the  Board  of  Governors  of  the  Indian  Institute  of  Technology  (Banaras 
Hindu University), Varanasi under this Act, and shall hold office for a period of three years with 
effect from such commencement; 

(ii) the  Director  of the  Institute  of Technology,  Banaras  Hindu  University,  appointed  under 
the provisions of the Banaras Hindu University Act, 1915 (16 of 1915) shall be deemed to have 
been  appointed  as  Director  of  the  Indian  Institute  of  Technology  (Banaras  Hindu  University), 
Varanasi under this Act, and shall hold his office till Director is appointed under this Act. 

Explanation.—The reference  in  this  section to the commencement  of this  Act  shall  be construed in 
relation to the Indian Institute of Technology (Banaras Hindu University), Varanasi as the reference to the 
date on which the provisions of the Institutes of Technology (Amendment) Act, 2012 (34 of 2012) come 
into force.] 

6. Powers of Institutes.—(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, 
sciences  and  arts,  as  the  Institute  may  think  fit,  and  for  the  advancement  of  learning  and 
dissemination of knowledge in such branches; 

1. Ins. by Act 34 of 2012, s. 6 (w.e.f. 29-6-2012). 

8 

 
                                                           
(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 and to make appointments thereto (except in the case of 

the Director) ; 

(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; and 

(n) 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. 
1[(1A) subject to the provisions of this Act, every Institute may strive to meet the technological needs 

of the States and the Union territories included in its zone by— 

(a) supporting and collaborating with technical education institutions located in the zone with a 

view to enhance their quality and capability; 

(b) advising the State Governments and the Union territories included in its zone in the matter of 

technical education and any technological issue referred by them to the Institute for advice.] 

(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 Visitor. 

7.  Institutes  to  be  open  to  all  races,  creeds  and  classes.—(1)  Every  Institute  shall  be  open  to 
persons of either sex an 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 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. 

8. Teaching at Institute.—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. 

9. Visitor.—(1) The President of India shall be the Visitor of every Institute. 

(2) The Visitor may appoint one or more persons to review the work and progress of any Institute and 

to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct. 

1. Ins. by Act 34 of 2012, s. 7 (w.e.f. 29-6-2012). 

9 

 
                                                           
(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. 

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.—The  Board  of  an  Institute  shall  consist  of  the  following  persons, 

namely:— 

(a) the Chairman, to be nominated by the Visitor; 

(b) the Director, ex officio; 

(c) one person to be nominated by the Government of each of the States comprising the zone in 
which  the  Institute  is  situated,  from  among  persons  who,  in  the  opinion  of  that  Government,  are 
technologists or industrialists of repute; 

(d)  four  persons  having  special  knowledge  or  practical  experience  in  respect  of  education, 

engineering or science, to be nominated by the Council; and 

(e) two professors of the Institute, to be nominated by the Senate: 

1[Provided  that  in  the  case  of  the  Indian  Institute  of  Technology  (Banaras  Hindu  University), 

Varanasi,— 

(a)  the  Board  of  such  Institute  shall  consist  of  Vice-Chairman  to  be  nominated,  after  a           
period  of  three  years  from  the  commencement  of  the  Institutes  of  Technology  (Amendment)           
Act,  2012  (34  of  2012),  by  the  Executive  Council  referred  to  in  clause  (d)  of  section  2  of  the      
Banaras  Hindu  University  Act,  1915  (16  of  1915),  from  amongst  its  members  including  its                         
Vice-Chancellor;” 

(b) four persons to be nominated under clause (d), out of which two persons to be nominated by 

the  Executive  Council  referred  to  in  clause  (d)  of  section  2  of  the  Banaras  Hindu  University               
Act, 1915 (16 of 1915), from amongst its members including its Vice-Chancellor.] 
2*                                *                                    *                                     *                                  * 

12.  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 Chairman or any other 
member of the Board shall be three years from the date of his 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. 

(3) The term  of  office of a  member  nominated  under  3[clause  (e)]  of  section  11 shall  be  two  years 

from the 1st day of January of the year in which he is nominated. 

(4)  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. 

(5) Notwithstanding anything contained in this section, an outgoing member shall, unless the Council 

otherwise directs, continue in office until another person is nominated as a member in his place. 

(6) The members of the Board shall be entitled to such allowances, if any, from the Institute as  may 
be provided for in the Statutes but no member other than the persons referred to in clauses (b) and (e) of 
section 11 shall be entitled to any salary by reason of this sub-section. 

1. Ins. by Act 34 of 2012, s. 8 (w.e.f. 29-6-2012). 
2. The Explanation omitted by Act 34 of 2012, s. 8 (w.e.f. 29-6-2012). 
3. Subs. by Act 29 of 1963, s. 5, for “clause (c)” (w.e.f. 13-9-1963). 

10 

 
                                                           
13. Functions of Board.—(1) Subject to the provisions of this Act, the Board of any 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. 

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

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

Institute; 

(b) institute courses of study at the Institute; 

(c) make Statutes; 

(d) institute and appoint persons to academic as well as other posts in the Institute; 

(e) consider and modify or cancel Ordinances; 

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

(g)  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. 

14. Senate.—The Senate of each Institute shall consist of the following persons, namely:— 

(a) the Director, ex officio, who shall be the Chairman of the Senate; 

(b) the Deputy Director, ex officio; 

(c) the professors appointed or recognised as such by the Institute for the purpose of imparting 

instruction in the Institute; 

(d)  three  persons,  not  being  employees  of  the  Institute,  to  be  nominated  by  the  Chairman  in 
consultation  with  the  Director,  from  among  educationists  of  repute,  one  each  from  the  fields  of 
science, engineering and humanities; and 

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

1[Provided that in case of the Indian Institute of Technology (Banaras Hindu University), Varanasi, 
three members shall be nominated by the Executive Council referred to in clause (d) of section 2 of the 
Banaras Hindu University Act, 1915 (16 of 1915).] 

15. 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 an perform such other duties as may be conferred or imposed upon it by the Statutes. 

16.  Chairman  of Board.—(1) The  Chairman  shall ordinarily  preside at  the  meetings  of  the  Board 

and at the Convocations of the Institute. 

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

implemented. 

(3) The Chairman shall exercise such other powers and perform such other duties as may be assigned 

to him by this Act or the Statutes. 

1. The proviso ins. by Act 34 of 2012, s. 9 (w.e.f. 29-6-2012). 

11 

 
 
 
                                                           
17.  Director.—(1)  The  Director  of  each  Institute  shall  be  appointed  by  the  Council  with  the  prior 

approval of the Visitor. 

(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  the  imparting  of  instruction  and 
maintenance of discipline therein. 

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

(4) The Director shall exercise such other powers and perform such other duties as may be assigned to 

him by this Act or the Statutes or Ordinances. 

18. Deputy Director.—The Deputy Director of each Institute shall be appointed on such terms and 
conditions as my be laid down by the Statutes and shall exercise such powers and perform such duties as 
may be assigned to him by this Act or the Statutes or by the Director. 

19. 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 records, the common seal, the 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 

prescribed 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 duties as may be assigned 

to him by this Act or the Statutes or by the Director. 

20.  Other  authorities  and  officers.—The  powers  and  duties  of  authorities  and  officers  other  than 

those hereinbefore mentioned shall be determined by the Statutes. 

21. 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 Institute in each financial year such sums of money and in 
such manner as it may think fit. 

22. Fund of the Institute.—(1) Every Institute shall maintain a Fund to which shall be credited— 

(a) all moneys provide 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 any Institute shall be deposited in such Banks or invested in 

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

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

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

23.  Accounts  and  audit.—(1)  Every  Institute  shall  maintain  proper  accounts  and  other  relevant 
records and prepare an annual statement of accounts, including the balance-sheet, in such form as may be 
prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. 

(2) The accounts of every 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 

12 

 
books,  accounts,  connected  vouchers  and  other  documents  and  papers  and  to  inspect  the  offices  of  the 
Institute. 

(4) The accounts of every 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. 

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

(2) Where any such provident fund has been so constituted, the Central Government may declare that 
the  provisions  of  the  Provident  Funds  Act,  1925  (19  of  1925)  shall  apply  to  such  fund  as  if  it  were  a 
Government Provident Fund. 

25. Appointments.—All appointments on the staff of any Institute, except that of the Director, shall 

be made in accordance with the procedure laid down in the Statutes, by— 

(a) the Board, if the appointment is made on the academic staff in the post of Lecturer or above or 
if the appointment is made on the non-academic staff in any cadre the maximum of the pay-scale for 
which exceeds six hundred rupees per month; 

(b) by the Director, in any other case. 

26.  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 of degree and diplomas of the Institute; 

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

(e) the term of office and the method of appointment of officers of the Institute; 

(f) the qualifications of teachers of the Institute; 

(g)  the  classification,  the  method  of  appointment  and  the  determination  of  the  terms  and 

conditions of service of, teachers and other staff of the Institute; 

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

teachers and other staff of the Institute; 

(i) the constitution, powers and duties of the authorities of the Institute; 

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

(k) the conditions of residence of students of the Institute and the levying of fees for residence in 

the halls and hostels and of other charges; 

(l) the manner of filling vacancies among members of the Board; 

(m) the allowances to be paid to the Chairman and members of the Board; 

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

(o) 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; 

(p) any other matter which by this Act is to be or may be prescribed by the Statutes. 

13 

 
27. Statutes how made.—(1) The first Statutes of each Institute shall be framed by the Council with 
the previous approval of the Visitor and a copy of the same shall be laid as soon as may be 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 in this section provided. 

(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require 
the previous approval of the Visitor who may assent thereto or withhold assent or remit it to the Board or 
consideration. 

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

it has been assented to by the Visitor. 

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

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. 

29.  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 succeeding 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. 

30. 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. 

14 

 
 
 
CHAPTER III 
THE COUNCIL 

31. Establishment of Council.—(1) With effect from such date as the Central Government may, by 
notification in the Official Gazette, 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:— 

(a)  the  Minister  in  charge  of  technical  education  in  the  Central  Government, ex  officio, as 

Chairman; 

(b) the Chairman of each Institute, ex officio; 

(c) the Director of each Institute, ex officio; 

(d) the Chairman, University Grants Commission, ex officio; 

(e) the Director-General, Council of Scientific and Industrial Research, ex officio; 

(f) the Chairman of the Council of the Indian Institute of Science, Bangalore, ex officio; 

(g) the Director of the Indian Institute of Science, Bangalore, ex officio; 

(h)  three  persons  to  be  nominated  by  the  Central  Government,  one  to  represent  the  Ministry 
concerned  with  technical  education,  another  to  represent  the  Ministry  of  Finance  and  the  third  to 
represent any other Ministry; 

(i) one person to be nominated by the All-India Council for Technical Education; 

(j) not less than three, but not more than five, persons to be nominated by the Visitor, who shall 
be persons having special knowledge or practical experience in respect of education, industry, science 
or technology; 

(k) three Members of Parliament, of whom two shall be elected by the House of the People from 

among its members and one by the Council of States from among its members. 

(3) An officer of the Ministry of the Central Government concerned with technical education shall be 

nominated by that Government to act as the Secretary of the Council. 

32.  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 
shall be three years from the date of his nomination or election, as the case may be. 

(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) A member of the Council referred to in clause (h) of sub-section (2) of section 31 shall hold office 

during the pleasure of the Central Government. 

(4)  The  term  of  office  of  a  member  elected  under  clause  (k)  of  sub-section  (2)  of  section  31  shall 

expire as soon as he ceases to be a member of the House which elected him. 

(5) 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 nominated or elected. 

(6) Notwithstanding anything contained in this section an outgoing member shall, unless the Central 
Government  otherwise  directs,  continue  in  office  until  another  person  is  nominated  or  elected  as  a 
member in his place. 

(7)  The  members  of  the  Council  shall  be  paid  such  travelling  and  other  allowances  by  the  Central 
Government as may be determined by that Government, but no member shall be entitled to any salary by 
reason of this sub-section. 

15 

 
 
 
33. Functions of Council.—(1) It shall be the general duty of the Council to co-ordinate the activities 

of all the Institutes. 

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

functions, namely:— 

(a) to advise on matters relating to the duration of the courses, the degrees and other academic 

distinctions to be conferred by the Institutes, admission standards and other academic matters; 

(b)  to  lay  down  policy  regarding  cadres,  methods  of  recruitment  and  conditions  of  service  of 
employees,  institution  of  scholarships  and  freeships,  levying  of  fees  and  other  matters  of  common 
interest; 

(c)  to  examine  the  development  plans  of  each  Institute  and  to  approve  such  of  them  as  are 

considered necessary and also to indicate broadly the financial implications of such approved plans; 

(d)  to  examine  the  annual  budget  estimates  of  each  Institute  and  to  recommend  to  the  Central 

Government the allocation of funds for the purpose; 

(e) to advise the Visitor, if so required, in respect of any function to be performed by him under 

this Act; and 

(f) to perform such other functions as are assigned to it by or under this Act. 

34. Chairman of Council.—(1) The Chairman of the Council shall ordinarily preside at the meetings 

of the Council. 

(2)  It  shall  be  the  duty  of  the  Chairman  of  the  Council  to  ensure  that  the  decisions  taken  by  the 

Council are implemented. 

(3) The Chairman shall exercise such other powers and perform such other duties as are assigned to 

him by this Act. 

35. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may 

1[, by notification n the Official Gazette,] make rules to carry out the purposes of this Chapter. 

(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 vacancies among the members of the Council; 

(b) the disqualifications for being chosen as, and for being a member of the Council; 

(c) the circumstances in which, and the authority by which, members may be removed; 

(d) the meetings of the Council and the procedure of conducting business thereat; 

(e) the travelling and other allowances payable to members of the Council; and 

(f) the functions of the Council and the manner in which such functions may be exercised. 

1[(3) Every rule made by the Central Government under this Chapter 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 or both Houses agree that the rule should not be made, the rule 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.] 

1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 

16 

 
 
 
                                                           
CHAPTER IV 
MISCELLANEOUS 

36.  Acts  and  proceedings  not  to  be  invalidated  by  vacancies.—No  act  of  the  Council,  or  any 
Institute or Board or Senate or any other body 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  election,  nomination  or  appointment  of  a  person  acting  as  a  member      

thereof, or 

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

37. Power to remove difficulties.—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  provision  or 
give  such  direction  not  inconsistent  with  the  purposes  of  this  Act,  as  appears  to  it  to  be  necessary  or 
expedient for removing the difficulty. 

38. 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  so  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 
Board holding office before such constitution shall cease to hold office; 

(b) 1[the Staff Committee constituted in relation to the College of Engineering and Technology, 
Delhi  and  any  Academic  Council  constituted  in  relation  to  any  other  Institute]  before  the 
commencement of this Act shall be deemed to be the Senate constituted under this Act until a Senate 
is constituted under this Act for that Institute; 

(c)  until  the  first  Statutes  and  the  Ordinances  are  made  under  this  Act,  the  Statutes  and 
Ordinances  of  the  Indian  Institute  of  Technology,  kharagpur  as  in  force  immediately  before  the 
commencement  of  this  Act  shall  continue  to  apply  to  that  Institute  and  shall,  with  the  necessary 
modifications and adaptations, also apply to any other Institute, in so far as they are not inconsistent 
with the provisions of this Act; 

2[(d) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology, 
Guwahati are made under this Act, the Statutes and Ordinances of the Indian Institute of Technology, 
Kharagpur  as  in  force  immediately  before  the  commencement  of  the  Institutes  of  Technology 
(Amendment)  Act,  1994  (35  of  1994)  shall  apply  to  the  Indian  Institute  of  Technology,  Guwahati 
with  the  necessary  modification  and  adaptations  in  so  far  as  they  are  not  inconsistent  with  the 
provisions of this Act. 

3[(e)  the  Syndicate  of  the  University  of  Roorkee  functioning  as  such  immediately  before  the 
commencement  of  this  Act  shall  continue  to  so  function  until  a  new  Board  is  constituted  for  the 
Indian Institute of Technology, Roorkee under this Act, but on the constitution of a new Board under 
this  Act,  the  members  of  the  Syndicate  holding  office  before  such  constitution  shall  cease  to  hold 
office; 

(f) the Academic Council of the University of Roorkee functioning as such immediately before 
the commencement of this Act shall continue to so function until a new Senate is constituted for the 
Indian Institute of Technology, Roorkee under this Act, but on the constitution of a new Senate under 
this Act, the members of the Academic Council holding office before such constitution shall cease to 
hold office; 

(g)  until  the  first  Statutes  and  the  Ordinances  in  relation  to  the  Indian  Institute  of  Technology, 
Roorkee are made under this Act, the Statutes and Ordinances of the Indian Institute of Technology, 
Bombay  as  in  force  immediately  before  the  commencement  of  the  Institutes  of  Technology 
(Amendment) Act, 2002 shall apply to the Indian Institute of Technology, Roorkee with the necessary 
modifications and adaptations in so far as they are not inconsistent with the provisions of this Act; 

1. Subs. by Act 29 of 1963, s. 6, for “any Academic Council constituted in relation to any Institute” (w.e.f. 13-9-1963). 
2. Added by Act 35 of 1994, s. 6 (w.e.f. 1-9-1994). 
3. Ins. by s. 6, ibid. (w.e.f. 21-9-2001). 

17 

 
                                                           
(h)  notwithstanding  anything  contained  in 

the  Institutes  of  Technology  (Amendment)                

Act, 2002 (16 of 2002), any student who joined classes of the University of Roorkee on or after the 
commencement of 1994-95 academic session shall, for the purpose of clause (b) of sub-section (1) of 
section 6, be deemed to have pursued a course of study in the Indian Institute of Technology, Roorkee 
provided that such student has not already been awarded degree or diploma for the same course of 
study; 

(i)  if  any  difficulty  arises  in  giving  effect  to  the  provisions  of  the  Institutes  of  Technology 
(Amendment)  Act,  2002  (16  of  2002),  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 be necessary for removing the difficulty: 

Provided  that  no  order  shall  be  made  under  this  clause  after  the  expiry  of  two  years  from  the 

commencement of the Institutes of Technology (Amendment) Act, 2002 (16 of 2002): 

Provided further that every order made under this clause shall be laid, as soon as may be after it is 

made, before each House of Parliament.] 

1[(j)  until  the  first  Statutes  and  Ordinances  in  relation  to  the  Indian  Institute  of  Technology, 
Bhubaneswar, the  Indian  Institute  of  Technology,  Gandhinagar,  the  Indian  Institute  of Technology, 
Hyderabad, the Indian Institute of Technology, Indore, the Indian Institute of Technology, Jodhpur, 
the Indian Institute of Technology, Mandi, the Indian Institute of Technology, Patna and the Indian 
Institute of Technology, Ropar are made under this Act, the Statutes and Ordinances of such Institute, 
as  in  force  immediately  before  the  commencement  of  the  Institutes  of  Technology  (Amendment)        
Act, 2012 (34 of 2012), shall apply to those Institutes with necessary modifications and adaptations in 
so far as they are not inconsistent with the provisions of this Act; 

(k) the Executive Council, referred to in clause (d) of section 2 of the Banaras Hindu University 
Act, 1915 (16 of 1915), functioning as such immediately before the commencement of the Institutes 
of Technology (Amendment) Act, 2012 (34 of 2012), shall continue to so function until a new Board 
is constituted for the Indian Institute of Technology (Banaras Hindu University), Varanasi under this 
Act,  but  on  the  constitution  of  a  new  Board  under  this  Act,  the  Executive  Council  of  the  Banaras 
Hindu University shall cease to function so far as the Indian Institute of Technology (Banaras Hindu 
University), Varanasi is concerned; 

(l) the Academic Council, referred to in clause (a) of section 2 of the Banaras Hindu University 
Act, 1915 (16 of 1915), functioning as such immediately before the commencement of the Institutes 
of Technology (Amendment) Act, 2012 (34 of 2012) shall continue to so function until a new Senate 
is constituted for the Indian Institute of Technology (Banaras Hindu University), Varanasi under this 
Act,  but  on  the  constitution  of  a  new  Senate  under  this  Act,  the  Academic  Council  of  the  Banaras 
Hindu University shall cease to function so far as the Indian Institute of Technology (Banaras Hindu 
University), Varanasi; 

(m)  until  the  first  Statutes  and  the  Ordinances  in  relation  to  the  Indian  Institute  of  Technology 
(Banaras  Hindu  University),  Varanasi  are  made  under  this  Act,  the  Statutes  and  Ordinances  as  are 
applicable to the Indian Institute of Technology, Kanpur immediately before the commencement of 
the  Institutes  of  Technology  (Amendment)  Act,  2012,  shall  apply  to  the  Indian  Institute  of 
Technology (Banaras Hindu University), Varanasi with the necessary modifications and adaptations 
in so far as they are not inconsistent with the provisions of this Act; 

(n)  notwithstanding  anything  contained  in 

the  Institutes  of  Technology  (Amendment)                

Act, 2012 (34 of 2012), any student who joined classes of the Institute of Technology, Banaras Hindu 
University on or after the commencement of 2006-2007 academic session or completed the courses 
on  or  after  2009-2010  academic  session  shall  for  the  purpose  of  clause  (b)  of  sub-section  (1)  of 
section 6, be deemed to have pursued a course of study in the Indian Institute of Technology (Banaras 
Hindu  University),  Varanasi  provided  that  such  student  has  not  already  been  awarded  degree  or 
diploma for the same course of study; 

1. Ins. by Act 34 of 2012, s. 10 (w.e.f. 29-6-2012). 

18 

 
                                                           
(o)  if  any  difficulty  arises  in  giving  effect  to  the  provisions  of  the  Institutes  of  Technology 
(Amendment)  Act,  2012  (34  of  2012),  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 be necessary for removing the difficulty: 

Provided  that  no  order  shall  be  made  under  this  clause  after  the  expiry  of  two  years  from  the 

commencement of the Institutes of Technology (Amendment) Act, 2012: 

Provided further that every order made under this clause shall be laid, as soon as may be after it is 

made, before each House of Parliament.] 

1[(p)  until  the  first  Statutes  and  Ordinances  in  relation  to  the  Indian  Institute  of  Technology, 
Tirupati, the Indian Institute of Technology, Palakkad, the Indian Institute of Technology, Goa, the 
Indian  Institute  of  Technology,  Dharward,  the  Indian  Institute  of  Technology,  Bhilai,  the  Indian 
Institute  of  Technology,  Jammu,  are  made  under  this  Act,  the  Statutes  and  Ordinances  of  such 
Institutes,  as  in  force  immediately  before  the  commencement  of  the  Institutes  of  Technology 
(Amendment) Act, 2016 (41 of 2016), shall apply to those Institutes with necessary modifications and 
adaptations in so far as they are not inconsistent with the provisions of this Act; 

(q) the Executive Board, referred to in Rule 7 of the Rules and Regulations of the Indian School 
of Mines, Dhanbad, functioning as such immediately before the commencement of the Institutes of 
Technology (Amendment) Act, 2016 (41 of 2016), shall continue to so function until a new Board is 
constituted for the Indian Institute of Technology (Indian School of Mines), Dhanbad, under this Act, 
but on the constitution of a new Board under this Act, the Executive Board of the Indian School of 
Mines, Dhanbad shall cease to function so far as the Indian Institute of Technology (Indian School of 
Mines), Dhanbad is concerned; 

(r) the Academic Council, referred to in Rule 9 of the Rules and Regulations of the Indian School 
of Mines, Dhanbad, functioning as such immediately before the commencement of the Institutes of 
Technology (Amendment) Act, 2016 (41 of 2016) shall continue to so function until a new Senate is 
constituted for the Indian Institute of Technology (Indian School of Mines), Dhanbad under this Act, 
but on the constitution of a new Senate under this Act, the Academic Council of the Indian School of 
Mines, Dhanbad shall cease to function so far as the Indian Institute of Technology (Indian School of 
Mines), Dhanbad; 

(s)  until  the  first  Statutes  and  the  Ordinances  in  relation  to  the  Indian  Institute  of  Technology 
(Indian  School  of  Mines),  Dhanbad  are  made  under  this  Act,  the  Statutes  and  Ordinances  as  are 
applicable to the Indian Institute of Technology, Roorkee immediately before the commencement of 
the Institutes of Technology (Amendment) Act, 2016 (41 of 2016), shall apply to the Indian Institute 
of Technology (Indian School of Mines), Dhanbad, with the necessary modifications and adaptations 
in so far as they are not inconsistent with the provisions of this Act; 

(t) notwithstanding anything contained in the Institutes of Technology (Amendment) Act, 2016, 
any  student  who  joined  classes  of  the  Indian  School  of  Mines,  Dhanbad  on  or  after  the 
commencement  of  2015-2016  academic  session  or  completed  the  courses  on  or  after  2015-2016 
academic session shall for the purpose of clause (b) of sub-section (1) of section 6, be deemed to have 
pursued a course of study in the Indian Institute of Technology (Indian School of Mines), Dhanbad 
provided that such student has not already been awarded degree or diploma for the same course of 
study; 

(u)  if  any  difficulty  arises  in  giving  effect  to  the  provisions  of  the  Institutes  of  Technology 
(Amendment)  Act,  2016  (41  of  2016),  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 be necessary for removing the difficulty: 

Provided  that  no  order  shall  be  made  under  this  clause  after  the  expiry  of  two  years  from  the 

commencement of the Institutes of Technology (Amendment) Act, 2016 (41 of 2016): 

1. The words in brackets shall stand inserted (date to be notified) by Act 41 of 2016, s. 6. 

19 

 
                                                           
 
Provided further that every order made under this clause shall be laid, as soon as may be after it is 

made, before each House of Parliament.] 

1[Explanation. 1]—The reference in clause (a) of this section to the commencement of this  Act 
shall be construted in relation to the Indian Institute of Technology, Guwahati as the reference to the 
date  on  which  the  provisions  of  the institutes  of  Technology  (Amendment)  Act, 1994  (35  of  1994) 
come into force.] 

2[Explanation 2.—The reference in clauses (e) and (f) of this section to the commencement of this 
Act shall be construed in relation to the Indian Institute of Technology, Roorkee as the reference to 
the date on which the provisions of the Institutes of Technology (Amendment) Act, 2002 come into 
force.] 

3[Explanation 3.—The reference in clauses (k), (l) and (m) of this section to the commencement 
of  this  Act  shall  be  construed  in  relation  to  the  Indian  Institute  of  Technology  (Banaras  Hindu 
University),  Varanasi,  as  the  reference  to  the  date  on  which  the  provisions  of  the  Institutes  of 
Technology (Amendment) Act, 2012 (34 of 2012) come into force.] 

4[Explanation 4.—The reference in clauses (q), (r) and (s) of this section to the commencement of 
this Act shall be construed in relation to the Indian Institute of Technology (Indian School of Mines), 
Dhanbad,  as  the  reference  to  the  date  on  which  the  provisions  of  the  Institutes  of  Technology 
(Amendment) Act, 2016 come into force.] 

39. Repeal and savings.—(1) The Indian Institute of Technology (Kharagpur) Act, 1956 (5 of 1956) 

is hereby repealed. 

(2) Notwithstanding such repeal, the provisions of the said Act set out in the Schedule shall continue 

to have effect: 

Provided that in the said provisions, the expression “this Act” means the said provisions. 

1. Explanation numbered as Explanation 1 thereof by Act 16 of 2002, s. 6 (w.e.f. 21-9-2001). 
2. Explanation 2 ins. by s. 6, ibid. (w.e.f. 21-9-2001). 
3. Explanation 3 ins. by Act 34 of 2012, s. 10 (w.e.f. 29-6-2012). 
4. The words in brackets shall stand inserted (date to be notified) by Act 41 of 2016, s. 6. 

20 

 
 
 
 
                                                           
THE SCHEDULE 

(See section 39) 

Provisions of the Indian Institute of Technology (Kharagpur) Act, 1956, continued in force 

2. Declaration of the Indian Institute of Technology (Kharagpur) as an institution of national 
importance.—Whereas  the  objects  of  the  institution  known  as  the  Indian  Institute  of  Technology  at 
Kharagpur in the district of Midnapore in the State of West Bengal are such as to make the institution one 
of  national  importance,  it  is  hereby  declared  that  the  institution  known  as  the  Indian  Institute  of 
Technology, Kharagpur, is an institution of national importance. 

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

(b) “Board” means the Board of Governors of the Institute; 

(c) “Chairman” means the Chairman of the Board; 

(e) “Director” means the Director of the Institute; 

(g)  “Institute”  means  the  Institute  known  as  the  Indian  Institute  of  Technology,  Kharagpur, 

incorporated under this Act. 

4. Incorporation.—(1) The first Chairman, the first Director and the first members of the Board who 
shall be the persons appointed in this behalf by the Central Government, by notification in the Official 
Gazette, and all persons, who may hereafter become or be appointed as officers or members of the Board, 
so long as they continue to hold such office or membership, are hereby constituted a body corporate by 
the name of the Indian Institute of Technology, Kharagpur. 

(2) The Institute shall have perpetual succession and a common seal, and shall sue and be sued by the 

said name. 

5.  Transfer  of  service  of  existing  employees  of  the  Indian  Institute  of  Technology  at 
Kharagpur.—(1) Subject to the provisions of this Act, every person who is permanently employed in the 
Indian Institute of Technology at Kharagpur immediately before the commencement of this Act shall, on 
and from such commencement, become an employee of the Institute and shall hold his office or service 
therein 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 commencement of this Act if this Act had not been passed. 

(2) Notwithstanding anything contained in sub-section (1), the Institute may, with the prior approval 
of  the  Visitor,  alter  the  terms  and  conditions  of  any  employee  specified  in  sub-section  (1),  and  if  the 
alteration  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. 

(3) Every person employed in the Indian Institute of Technology at Kharagpur other than any such 
person as is referred to in sub-section (1) shall, on and from the commencement of this Act become an 
employee of the Institute upon such terms and conditions as may be provided for in the Statutes, and until 
such  provision  is  made,  on  the  terms  and  conditions  applicable  to  him  immediately  before  such 
commencement. 

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