The GAZETTE OF INDIA
EXTRAORDINARY
PUBLISHED BY AUTHORITY
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 10th August, 2016/Shravana 19, 1938 (Saka)
The following Act of Parliament received the assent of the President on the 9th August, 2016, and is hereby published for general information:—
THE INSTITUTES OF TECHNOLOGY (AMENDMENT) ACT, 2016
No. 41 OF 2016
[9th August, 2016]
An Act further to amend the Institutes of Technology Act, 1961.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:—
1. Short title and commencement.
(1) This Act may be called the Institutes of Technology (Amendment) Act, 2016.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Amendment of section 2.
In the Institutes of Technology Act, 1961 (hereinafter referred to as the principal Act), in section 2, for the words and brackets “and the Indian Institute of Technology
(Banaras Hindu University), Varanasi”, the words and brackets “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” shall be substituted.
3. Amendment of section 3.
In section 3 of the principal Act,—
(A) in clause (c), after sub-clause (xiii), the following sub-clauses shall be inserted, namely:—
“(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.”;
(B) after clause (ga), the following clause shall be inserted, namely:—
‘(gb) “Indian School of Mines, Dhanbad” means the society known as the Indian School of Mines, Dhanbad;’;
(C) in clause (j), after sub-clause (xi), the following sub-clauses shall be inserted, namely:—
“(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;”.
4. Amendment of section 4.
In section 4 of the principal Act, after sub-section (ID), the following sub-section shall be inserted, namely:—
“(IE) The Indian School of Mines, Dhanbad shall, on such incorporation, be called the Indian Institute of Technology (Indian School of Mines), Dhanbad.”.
5. Amendment of section 5.
In section 5 of the principal Act, after Explanation 2, the following Explanation shall be inserted, namely:—
“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 comes into force.”.
6. Amendment of section 38.
In section 38 of the principal Act,—
(i) after clause (o), the following clauses shall be inserted, namely:—
“(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, 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, 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 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, 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, 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:
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.”;
(b) after Explanation 3, the following Explanation shall be inserted, namely:—
“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.”.
Dr. G. NARAYANA RAJU,
Secretary to the Govt. of India.
