MINISTRY OF FOOD PROCESSING INDUSTRIES

NOTIFICATION

New Delhi, the 26th October, 2021

S.O. 4453(E).In exercise of the powers conferred by section 38 of the National Institutes of Food Technology, Entrepreneurship and Management Act 2021, (19 of 2021) the Central Government, hereby makes the following rules, namely:-

1. Short title and commencement – (1) These rules may be called the National Institutes of Food Technology Entrepreneurship and Management Rules 2021.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions – (1) In these rules, unless the context otherwise required –

(a) “Act” means the National Institutes of Food Technology, Entrepreneurship and Management Act 2021 (19 of 2021);

(b) “Secretary” means the Secretary of the Council.

(c) Words and expressions used herein and not defined, but defined in the Act, shall have the same meanings assigned to them in the Act.

3. The manner of filling up the vacancy of a member of the Council other than an ex-officio member

(1) For nomination under clause (g) of sub-section (2) of section 28, the Secretary shall write to the head of Academic and Scientific Institution or organizations of repute for recommending suitable names to the Council within a reasonable time not ordinarily exceeding eight weeks from the date on which such invitations are issued.

(2) For nomination under clause (h) of sub-section (2) of section 28, the Secretary shall write to the head of Food and Beverages Industry Associations for recommending suitable names to the Council within a reasonable time not ordinarily exceeding eight weeks from the date on which such invitations are issued.

(3) The names received under sub-rules (1) and (2) above shall be placed before the Chairperson of the Council for making nomination.

(4) For making nomination under clause (i) of sub-section (2) of section 28, the Secretary shall write to the Ministry of Parliamentary Affairs for nominations.

4. Removal of a member of the Council other than an ex-officio member –

(1) The Central Government may, by order remove any member of the Council, who –

(a) has been convicted of an offence which, in the opinion of the Central Government involves moral turpitude; or

(b) has been adjudged as an insolvent; or

(c) is of unsound mind; or

(d) has become physically or mentally incapable of acting as a member; or

(e) has been absent from three consecutive meetings of the Council without its permission; or

(f) has acquired such financial or other interest as is likely to affect prejudicially his function as a member; or

(g) has so abused his position as to render his continuance in office detrimental to the public interest:

Provided that no member shall be removed under this rule, unless he has been given a reasonable opportunity of being heard in matter.

5. Time and place of meeting of the Council, its quorum and the procedure for conducting business therein –

(1) The Council shall meet at least twice during a calendar year.

(2) The meetings of the Council shall be convened by the Chairperson of the Council suo-moto or at the request of the Secretary or on a requisition signed by not less than seven members of the Council.

(3) The time and place for the meeting of the Council shall be decided by the Chairperson of the Council and half of the members shall form a quorum.

(4) A notice of every meeting containing the agenda shall be sent by the Secretary to every member at least ten days before the date of the meeting, mentioning therein the place, date and time of the meeting:

Provided that the Chairperson may call a special meeting of the Council at short notice to consider urgent issues.

(5) The notice of a meeting may be sent preferably by email or by registered post or speed post or delivered by hand at the address of each member as recorded in the office of the Council and if so sent shall be deemed to be duly delivered at the time at which notice would be delivered in the ordinary course of post:

Provided that the notice may also be sent through facsimile or short message service.

(6) The Chairperson shall preside over the meetings.

(7) The Council shall consider all items which falls within its jurisdiction and also items referred to it by various Board of Governors of the individual National Institute of Food Technology, Entrepreneurship and Management.

(8) Notices of motions for inclusion of any item in the agenda shall reach the Secretary at least five days before the meeting:

Provided that the Chairperson of the Council may permit inclusion of any item for which due notice has been received.

(9) All questions considered at the meeting of the Council shall be decided by a majority of the members present and with the approval of the Chairperson of the Council.

(10) The decision of the Chairperson of the Council in regard to all questions of procedure shall be final.

(11) The minutes of the proceedings of a meeting of the Council shall be drawn up by the Secretary and circulated to the members of the Council.

(12) After the minutes are confirmed and signed by the Chairperson of the Council, they shall be recorded in a notified minute book which shall be kept open for inspection of the members of the Council at all times during office hours.

6. Manner of Appointment of Chairperson of the Board –

(1) For appointment of Chairperson of the Board, there shall be a Search-cum-Selection committee comprising of five eminent persons chosen from amongst administrators, industrialists, educationists, scientists, technocrats and management specialists to be constituted by the Central Government.

(2) The appointment process of Chairperson shall begin at least three months prior to the completion of the tenure of the current incumbent and shall be completed thirty days before the completion of tenure of the current incumbent:

Provided that if the process of selection for the post of Chairperson is not completed within the aforesaid period, the members from amongst themselves shall elect an acting Chairperson for a period not exceeding three months or till a regular Chairperson is appointed, whichever is earlier.

(3) In case of vacancy arising out of resignation or death of the Chairperson, the members from amongst themselves shall elect an acting Chairperson for a period not exceeding three months or till a regular Chairperson is appointed, whichever is earlier.

(4) No person shall be appointed as Chairperson for more than two terms.

(5) A person who has not attained the age of seventy years as on the date of appointment and has no conflict of interest, shall be eligible for appointment and as Chairperson.

(6) The Search-cum-Selection Committee shall submit to the Central Government a list containing a panel of three names.

(7) Prior to the appointment of a person as Chairperson, he or she shall give a declaration that he or she has no conflict of interest in any manner with the affairs of the institute, and in case, any such conflict of interest is found in later stage during his or her tenure, shall resign from the position forthwith.

(8) No Chairperson shall be removed from his or her post except with the approval of the Central Government.

7. Form and Maintenance of proper accounts and records –

(1) The Institutes shall maintain its accounts and records in the Form of financial statements as per uniform format of accounts prescribed by the Ministry of Finance in consultation with Comptroller and Auditor General of India.

(2) The Institutes shall maintain separate ledger accounts for all funds received from the Government of India and maintain accounts of the Institutes regarding proper utilization of such grants.

(3) The Institutes shall follow the general directions issued from time to time by the Central Government in consultation with the Comptroller and Auditor General of India in maintaining the financial statements.

8. Preparation and submission of annual statement of accounts of the Institutes –

(1) The Institutes shall prepare its annual statement of accounts and balance sheet showing the financial results as per uniform format of accounts prescribed by the Ministry of Finance in consultation with Comptroller and Auditor General of India.

(2) The annual statement of accounts and balance sheet of the Institutes, duly authenticated by the Director and passed by the Board of Governors shall be forwarded to the Comptroller and Auditor General of India, not later than the 30th June of the following year.

(3) The duly audited annual statement of accounts of the Institutes as certified by the Comptroller and Auditor General of India together with the audit report thereon shall be forwarded by the Director for every financial year to the Central Government by 31st October of the following year for laying before the both Houses of Parliament.

[F.No. I-11013/1/2020-ID]

MINHAJ ALAM, Jt. Secy.

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