Executive Summary:
The Institutes of Technology Amendment Act, 2016, was approved by the President on August 9, 2016, and amends the Institutes of Technology Act, 1961. The Act incorporates new Institutes of Technology and updates relevant sections of the principal act. It addresses transitional arrangements for the Indian School of Mines, Dhanbad, and includes provisions for addressing difficulties in implementing the Act within two years of its commencement.
Key Points / Main Content:
* **Short Title and Commencement:**
* This Act is called the Institutes of Technology Amendment Act, 2016.
* It comes into force on a date appointed by the Central Government via notification in the Official Gazette.
* **Amendments to Section 2:**
* Section 2 of the Institutes of Technology Act, 1961 is amended to include 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.
* **Amendments to Section 3:**
* Clause c is amended to include subclauses xiv-xx, defining the societies known as the Indian Institutes of Technology Tirupati, Palakkad, Goa, Dharwad, Bhilai, Jammu and the Indian School of Mines, Dhanbad.
* Clause ga is amended to insert clause gb, defining "Indian School of Mines, Dhanbad."
* Clause j is amended to include subclauses xii-xviii, listing the Indian Institutes of Technology Tirupati, Palakkad, Goa, Dharwad, Bhilai, Jammu and the Indian School of Mines, Dhanbad.
* **Amendments to Section 4:**
* Section 4 is amended to include subsection IE, stating that the Indian School of Mines, Dhanbad, will be called the Indian Institute of Technology Indian School of Mines, Dhanbad upon incorporation.
* **Amendments to Section 5:**
* Section 5 is amended to include Explanation 3, construing the commencement of the Act in relation to the Indian Institutes of Technology Tirupati, Palakkad, Goa, Dharwad, Bhilai, Jammu and the Indian Institute of Technology Indian School of Mines Dhanbad, as the date the provisions of this Amendment Act come into force.
* **Amendments to Section 38:**
* Clause o is amended to include clauses p-u, addressing initial statutes and ordinances for the new IITs, the continuation of existing boards and councils for the Indian School of Mines, Dhanbad, until new bodies are formed, application of IIT Roorkee statutes to the Indian Institute of Technology Indian School of Mines, Dhanbad, provisions for students who joined the Indian School of Mines, Dhanbad on or after the 2015-2016 academic session, and power to remove difficulties within two years of the Act's commencement.
* Explanation 3 is amended to include Explanation 4, construing the commencement of the Act in clauses q, r and s in relation to the Indian Institute of Technology Indian School of Mines, Dhanbad, as the date the provisions of this Amendment Act come into force.
Impact Analysis:
* **Existing and Future Students of Indian School of Mines, Dhanbad:**
* *Impact:* Students who joined on or after the 2015-2016 session will be considered to have pursued a course of study at the Indian Institute of Technology Indian School of Mines, Dhanbad.
* *Action Required:* No immediate action unless a student has already been awarded a degree or diploma for the same course of study.
* **Executive Board and Academic Council of Indian School of Mines, Dhanbad:**
* *Impact:* The existing Executive Board and Academic Council will continue to function until a new Board/Senate is constituted under the Act.
* *Action Required:* Continue functioning in their current roles until a new Board/Senate is formed.
* **Central Government:**
* *Impact:* Responsible for notifying the commencement date of the Act and addressing any difficulties in implementation.
* *Action Required:* Publish the commencement date in the Official Gazette and address any implementation difficulties within two years.
* **Institutes of Technology (Tirupati, Palakkad, Goa, Dharwad, Bhilai, Jammu and Indian School of Mines, Dhanbad):**
* *Impact:* Official recognition and inclusion under the Institutes of Technology Act, 1961.
* *Action Required:* Adhere to the provisions of the Institutes of Technology Act, 1961, as amended.
Key Entities Referenced
Institutes of Technology Amendment Act, 2016: An Act of Parliament further to amend the Institutes of Technology Act, 1961.
Institutes of Technology Act, 1961: The principal Act that the Institutes of Technology Amendment Act, 2016 amends.
Parliament: The legislative body that enacted the Institutes of Technology Amendment Act, 2016.
President: The head of state who gave assent to the Institutes of Technology Amendment Act, 2016.
Ministry of Law and Justice: The government ministry responsible for the Legislative Department.
Indian Institute of Technology, Tirupati: One of the Indian Institutes of Technology specifically mentioned and affected by the amendment.
Indian Institute of Technology Indian School of Mines, Dhanbad: Formerly the Indian School of Mines, Dhanbad, renamed and incorporated as an Indian Institute of Technology by the amendment.
Indian Institute of Technology, Roorkee: An Indian Institute of Technology whose statutes and ordinances are temporarily applicable to the Indian Institute of Technology Indian School of Mines, Dhanbad.
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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. (1) This Act may be called the Institutes of Technology (Amendment) Act, 2016. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
59 of 1961. 2. In the Institutes of Technology Act, 1961 (hereinafter referred to as the principal Amendment
Act), in section 2, for the words and brackets "and the Indian Institute of Technology of section 2.
(Banaras Hindu University), Varanasi", the words and brackets "the Indian Institute of
Technology (Banaras Hindu University), Varanasi, the Indian Institute of Technology, Tirupati,2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
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.
Amendment 3. In section 3 of the principal Act,—
of section 3.
(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;".
Amendment 4. In section 4 of the principal Act, after sub-section (ID), the following sub-section
of section 4. 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.".
Amendment 5. In section 5 of the principal Act, after Explanation 2, the following Explanation
of section 5. 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,SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
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. In section 38 of the principal Act,— Amendment
of section 38.
(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:4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. I]
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.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2016.
GMGIPMRND—2385GI(S3)—11-08-2016.