The National Institute of Design Act, 2014

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—18 REGISTERED NO. DL—(N)04/0007/2003—18 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 22] ubZ fnYyh] eaxyokj] fnlEcj 18] 2018@vxzgk;.k 27] 1940 ¼'kd½ No. 22] NEW DELHI, TUESDAY, DECEMBER 18, 2018/AGRAHAYANA 27, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. LOK SABHA ———— The following Bill was introduced in Lok Sabha on 17th December, 2018:— BILL NO. 186 OF 2018 A Bill to amend the National Institute of Design Act, 2014. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. (1) This Act may be called the National Institute of Design (Amendment) Act, 2018. 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 and different dates may be appointed for different provisions of this Act. 18 of 2014. 2. In the National Institute of Design Act, 2014 (hereinafter referred to as the principal Amendment Act), in the long title, for the words "the institution known as the National Institute of of long title. Design, Ahmedabad, to be an institution of national importance", the words "certain institutions of design to be institutions of national importance" shall be substituted. 3. In section 1 of the principal Act, in sub-section (1), for the word "Institute", the word Amendment "Institutes" shall be substituted. of section 1.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Substitution 4. For section 2 of the principal Act, the following section shall be substituted, of new namely:— section for section 2. Declaration of "2. Whereas the objects of the institutions mentioned in the Schedule, are such certain as to make them institutions of national importance, it is hereby declared that each institutions as such Institute is an institution of national importance.". institutions of national importance. Amendment 5. In section 3 of the principal Act,— of section 3. (i) for clause (d), the following clause shall be substituted, namely:— '(d) "Director", in relation to any Institute, means the Director of such Institute as appointed under section 18;'; (ii) for clause (e), the following clause shall be substituted, namely:— '(e) "Fund", in relation to any Institute, means the Fund of such Institute as maintained under section 23;'; (iii) for clause (f), the following clause shall be substituted, namely:— '(f) "Governing Council", in relation to any Institute, means the Governing Council of such Institute as constituted under section 11;'; (iv) for clause (g), the following clause shall be substituted, namely:— '(g) "Institute" means any of the institutions mentioned in column (5) of the Schedule;'; (v) for clause (h), the following clause shall be substituted, namely:— '(h) "Institute campus" means the campus of an Institute as may be established by such Institute at any place within India or outside India;'; (vi) for clause (k), the following clause shall be substituted, namely:— '(k) "Registrar", in relation to any Institute, means the Registrar of such Institute as appointed under section 20;'; (vii) after clause (k), the following clause shall be inserted, namely:— '(ka) "Schedule" means the Schedule annexed to this Act;'; (viii) for clause (l), the following clause shall be substituted, namely:— '(l) "Senate", in relation to any Institute, means the Senate of such Institute;'; (ix) for clause (m), the following clause shall be substituted, namely:— '(m) "Society" means any of the societies registered under the Societies Registration Act, 1860, and mentioned in column (3) of the Schedule;'; 21 of 1860. (x) for clause (n), the following clause shall be substituted, namely:— '(n) "Statutes" and "Ordinances", in relation to any Institute, means the Statutes and the Ordinances of such Institute made under this Act.'. Substitution of 6. For section 4 of the principal Act, the following section shall be substituted, new section namely:— for section 4. Incorporation "4. (1) Each Institute shall be a body corporate by the same name as mentioned in of Institute. column (5) of the Schedule. (2) Each Institute shall have perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property,SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 both movable and immovable, and to contract and shall, by the said name, sue or be sued. (3) The body corporate constituting each Institute shall consist of a Chairperson, Director and other members of the Governing Council for the time being, of the Institute. (4) Any Institute may establish an Institute campus at such place within India or outside India, as it may deem fit: Provided that each campus of the National Institute of Design, Ahmedabad, established before the commencement of this Act, at Bengaluru in the State of Karnataka and at Gandhinagar in the State of Gujarat, shall be deemed to be the Institute campus thereof. Explanation.—The reference in this sub-section to the commencement of this Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014. ". 7. In section 5 of the principal Act,— Amendment of section 5. (i) for clause (a), the following clause shall be substituted, namely:— "(a) any reference to the Society mentioned in column (3) of the Schedule in any law or in any contract or other instrument shall be deemed as a reference to the corresponding Institute mentioned in column (5) thereof;"; (ii) in clause (e), the words "located at Bengaluru in the State of Karnataka and at Gandhinagar in the State of Gujarat," shall be omitted; (iii) the following Explanations shall be inserted, namely:— "Explanation I.—The reference in this section to the commencement of this Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014. Explanation II.—The reference in this section to the commencement of this Act shall be construed in relation to every Institute (other than the National Institute of Design, Ahmedabad) as the reference to the date on which the provisions of the National Institute of Design (Amendment) Act, 2018 comes into force.". 8. In section 6 of the principal Act, in sub-section (1), for the words "the Institute Amendment shall", the words "each Institute shall" shall be substituted. of section 6. 9. In section 7 of the principal Act, in sub-section (1), for the words "The Institute", the Amendment words "Every Institute" shall be substituted. of section 7. 10. In section 8 of the principal Act, for the words "teaching at the Institute", the Amendment words "teaching at each of the Institutes" shall be substituted. of section 8. 11. In section 9 of the principal Act, in sub-section (1), for the words "the Institute", Amendment the words "each of the Institutes" shall be substituted. of section 9. 12. In section 10 of the principal Act, for the words "The following shall be the authorities Amendment of the Institute", the words "Each Institute shall have the following authorities" shall be of section 10. substituted. 13. In section 11 of the principal Act, for the words "The Governing Council shall Amendment consist of", the words "The Governing Council of every Institute shall consist of" shall be of section 11. substituted. 14. In section 15 of the principal Act, for the words "The Senate of the Institute", the Amendment words "The Senate of each Institute" shall be substituted. of section 15. S3 \F\BILL 2018\LS\2614GI/2614GI4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 15. In section 16 of the principal Act, for the words "the Senate of the Institute", the of section 16. words "the Senate of an Institute" shall be substituted. Amendment 16. In section 18 of the principal Act, in sub-section (1), for the words "the Institute", of section 18. the words "each of the Institutes" shall be substituted. Amendment 17. In section 20 of the principal Act, in sub-section (1), for the words "Registrar of the of section 20. Institute", the words "Registrar of each Institute" shall be substituted. Amendment 18. In section 22 of the principal Act, for the words "enabling the Institute", the words of section 22. "enabling an Institute" shall be substituted. Amendment 19. In section 23 of the principal Act, in sub-section (1), for the words "The Institute", of section 23. the words "Every Institute" shall be substituted. Amendment 20. In section 24 of the principal Act, for the words "the Institute", the words "any of section 24. Institute" shall be substituted. Amendment 21. In section 25 of the principal Act, in sub-section (1), for the words "The Institute", of section 25. the words "Every Institute" shall be substituted. Amendment 22. In section 26 of the principal Act, in sub-section (1), for the words "The Institute", of section 26. the words "Every Institute" shall be substituted. Amendment 23. In section 27 of the principal Act,— of section 27. (i) for the words "the Institute", the words "an Institute" shall be substituted; (ii) in clause (a), for the words "Senior Designer", at both the places where they occur, the words "Principal Designer" shall be substituted. Amendment 24. In section 29 of the principal Act, in sub-section (1), for the words "the Institute", of section 29. the words "each Institute" shall be substituted. Amendment 25. In section 30 of the principal Act, for the words "Ordinances of the Institute", the of section 30. words "Ordinances of each Institute" shall be substituted. Amendment 26. In section 32 of the principal Act, in sub-section (1), for the words "between the of section 32. Institute", the words "between an Institute" shall be substituted. Amendment 27. In section 33 of the principal Act, for the words "the Institute", the words "any of section 33. Institute" shall be substituted. Amendment 28. In section 34 of the principal Act, for the words "the Institute receives", the words of section 34. "an Institute receives" shall be substituted. Amendment 29. In section 35 of the principal Act, for the words "The Institute", the words "Every of section 35. Institute" shall be substituted. Amendment 30. In section 36 of the principal Act, for the words "to the Institute", the words "to of section 36. any Institute" shall be substituted. Amendment 31. In section 37 of the principal Act, for the words "the Institute", the words "every of section 37. Institute" shall be substituted. Amendment 32. In section 39 of the principal Act,— of section 39. (i) in clause (a), for the words "Governing Council of the Institute", the words "Governing Council of an Institute" shall be substituted; (ii) in clause (c), the words "located at Bengaluru or Gandhinagar, as the case may be" shall be omitted;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 (iii) the following Explanations shall be inserted, namely:— "Explanation I.—The reference in this section to the commencement of this Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014. Explanation II.—The reference in this section to the commencement of this Act shall be construed in relation to every Institute (other than the National Institute of Design, Ahmedabad) as the reference to the date on which the provisions of the National Institute of Design (Amendment) Act, 2018 comes into force.". 33. In section 40 of the principal Act, after sub-section (3), the following Explanations Amendment shall be inserted, namely:— of section 40. "Explanation I.—The reference in this section to the commencement of this Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014. Explanation II.—The reference in this section to the commencement of this Act shall be construed in relation to every Institute (other than the National Institute of Design, Ahmedabad) as the reference to the date on which the provisions of the National Institute of Design (Amendment) Act, 2018 comes into force.". 34. After section 41 of the principal Act, the following Schedule shall be inserted, Insertion of a namely:— new Schedule. “THE SCHEDULE [See sections 2, 3(g), (ka), (m), 4 (1) and 5 (a)] Sl. Name of the State Name of the Society Location Name of the institutions No. under this Act (1) (2) (3) (4) (5) 1. Gujarat National Institute of Design, Ahmedabad National Institute of Ahmedabad, a Society registered Design, Ahmedabad under the Societies Registration Act, 1860. 2. Madhya Pradesh National Institute of Design, Bhopal, Bhopal National Institute of a Society registered under the Design, Bhopal Societies Registration Act, 1860. 3. Assam National Institute of Design, Jorhat, a Jorhat National Institute of Society registered under the Societies Design, Jorhat Registration Act, 1860. 4. Haryana National Institute of Design, Kurukshetra National Institute of Kurukshetra, a Society registered Design, Kurukshetra under the Societies Registration Act, 1860. 5. Andhra Pradesh National Institute of Design, Amaravati National Institute of Amaravati, a Society registered under Design, Amaravati.”. the Societies Registration Act, 1860. S3 \F\BILL 2018\LS\2614GI/2614GI6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The National Institute of Design Act, 2014 was enacted to declare the National Institute of Design, Ahmedabad to be an institution of national importance for the promotion of quality and excellence in education, research and training in all disciplines relating to design. 2. In pursuance of the National Design Policy and to raise the design education to global standard of excellence in all regions of India, the Government of India set up four new National Institutes of Design at Amaravati in the State of Andhra Pradesh, Bhopal in the State of Madhya Pradesh, Jorhat in the State of Assam and Kurukshetra in the State of Haryana, as societies under the Societies Registration Act, 1860. Presently, the said Institutes do not have the authority to grant degree, diploma and other academic distinctions. Therefore, a need has been felt to give them statutory status so as to ensure the maintenance of similar standards and quality of education in all areas or disciplines relating to design, as the National Institute of Design, Ahmedabad. It is proposed to declare the aforesaid Institutes as institutions of national importance and to confer power on them to grant degree, diploma and other academic distinctions. 3. It is, accordingly, proposed to amend the National Institute of Design Act, 2014, inter alia, to provide for the following:— (a) to amend section 2 of the said Act, so as to declare the National Institutes of Design at Amaravati in the State of Andhra Pradesh, Bhopal in the State of Madhya Pradesh, Jorhat in the State of Assam and Kurukshetra in the State of Haryana, as institutions of national importance; (b) to substitute section 4 so as to provide for incorporation of each of the aforesaid institutes; (c) to make consequential amendments to various sections of the said Act; (d) to amend section 27 of the said Act so as to designate the post of Principal Designer instead of the Senior Designer, as equivalent to a Professor. 4. The Bill seeks to achieve the above objectives. NEW DELHI; SURESH PRABHU. The 16th November, 2018. 6SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 Notes on clauses Clause 2.—This clause seeks to amend the long title of the Act so as to substitute the words "the National Institute of Design, Ahmedabad" with the words "certain institutions of design" in view of proposed incorporation of new Institutions such as National Institutes of Design at Amaravati in the State of Andhra Pradesh, Bhopal in the State of Madhya Pradesh, Jorhat in the State of Assam and Kurukshetra in the State of Haryana. Clause 3.—This clause seeks to amend section 1 of the Act to provide for substitution of the word "Institute" with the word "Institutes" which are consequential in nature. Clause 4.—This clause seeks to substitute section 2 of the Act to provide for declaration of the institutions mentioned in the Schedule, as institutions of national importance. Clause 5.—This clause seeks to amend section 3 of the Act to amend the definitions of Director, Fund, Governing Council, Institute, Institute campus, Registrar, Senate, Society, Statutes and Ordinances and to insert a new definition of Schedule. Clause 6.—This clause seeks to substitute section 4 of the Act with a new section to provide for the incorporation of each of the Institutes mentioned in the Schedule. It further provides that each of the Institutes may establish Institute Campuses within or outside India. Clause 7.—This clause seeks to amend section 5 of the Act to provide that any reference to the Society mentioned in the Schedule shall be deemed as a reference to the corresponding Institute mentioned therein. It further provides that commencement of the Act shall, in relation to National Institute of Design, Ahmedabad, be deemed to be 16th day of September, 2014 and in relation to the other Institutes, be deemed to be the date on which the National Institute of Design (Amendment) Act, 2018 comes into force. Clause 8.—This clause seeks to amend section 6 of the Act so as to substitute the words "the Institute" with the words "each Institute." Clause 9.— This clause seeks to amend section 7 of the Act so as to substitute the words "The Institute" with the words "Every Institute". Clause 10.—This clause seeks to amend section 8 of the Act so as to substitute the words "teaching at the Institute" with the words "teaching at each of the Institutes". Clause 11.—This clause seeks to amend section 9 of the Act so as to substitute the words "the Institute" with the words "each of the Institutes". Clause 12.—This clause seeks to amend section 10 of the Act so as to substitute the words "The following shall be the authorities of the Institute" with the words "Each Institute shall have the following authorities". Clause 13.—This clause seeks to amend section 11 of the Act so as to substitute the words "The Governing Council shall consist of" with the words "The Governing Council of every Institute shall consist of". Clause 14.—This clause seeks to amend section 15 of the Act so as to substitute the words "The Senate of the Institute" with the words "The Senate of each Institute". Clause 15.—This clause seeks to amend section 16 of the Act so as to substitute the words "the Senate of the Institute" with the words "the Senate of an Institute". Clause 16.—This clause seeks to amend section 18 of the Act so as to substitute the words "the Institute" with the words "each of the Institutes". 7 S3 \F\BILL 2018\LS\2614GI/2614GI8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Clause 17.—This clause seeks to amend section 20 of the Act so as to substitute the words "Registrar of the Institute" with the words "Registrar of each Institute". Clause 18.—This clause seeks to amend section 22 of the Act so as to substitute the words "enabling the Institute" with the words "enabling an Institute". Clause 19.—This clause seeks to amend section 23 of the Act so as to substitute the words "The Institute" with the words "Every Institute". Clause 20.—This clause seeks to amend section 24 of the Act so as to substitute the words "the Institute" with the words "any Institute". Clause 21.—This clause seeks to amend section 25 of the Act so as to substitute the words "The Institute" with the words "Every Institute". Clause 22.—This clause seeks to amend section 26 of the Act so as to substitute the words "The Institute" with the words "Every Institute". Clause 23.—This clause seeks to amend section 27 of the Act so as to substitute the words "the Institute" with the words "an Institute" and the words "Senior Designer" with "Principal Designer". Clause 24.—This clause seeks to amend section 29 of the Act so as to substitute the words "the Institute" with the words "each Institute". Clause 25.—This clause seeks to amend section 30 of the Act so as to substitute the words "Ordinances of the Institute" with the words "Ordinances of each Institute". Clause 26.—This clause seeks to amend section 32 of the Act so as to substitute the words "between the Institute" with the words "between an Institute". Clause 27.—This clause seeks to amend section 33 of the Act so as to substitute the words "the Institute" with the words "any Institute". Clause 28.—This clause seeks to amend section 34 of the Act so as to substitute the words "the Institute receives" with the words "an Institute receives". Clause 29.—This clause seeks to amend section 35 of the Act so as to substitute the words "The Institute" with the words "Every Institute". Clause 30.—This clause seeks to amend section 36 of the Act so as to substitute the words "to the Institute" with the words "to any Institute". Clause 31.—This clause seeks to amend section 37 of the Act so as to substitute the words "the Institute" with the words "every Institute". Clause 32.—This clause seeks to make amendments to section 39 of the Act so as to substitute the words "Governing Council of the Institute" with the words "Governing Council of an Institute" and to omit the words "located at Bengaluru or Gandhinagar, as the case may be". It further seeks to insert two explanations so as to provide that for the purposes of the said section, the commencement of the Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014 and in relation to every Institute (other than the National Institute of Design, Ahmedabad), the date on which the provisions of the National Institute of Design (Amendment) Act, 2018 comes into force. Clause 33.—This clause seeks to insert two explanations in section 40 of the Act so as to provide that for the purposes of the said section, the commencement of the Act shall, in relation to the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014 and in relation to every Institute (other than the National Institute of Design, Ahmedabad), the date on which the provisions of the National Institute of Design (Amendment) Act, 2018 comes into force. Clause 34.—This clause seeks to insert a Schedule after section 41 of the Act containing the names and particulars of the National Institutes of Design.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 FINANCIAL MEMORANDUM Clause 4 of the Bill seeks to amend section 2 of the National Institute of Design Act, 2014 so as to declare the National Institutes of Design at Amaravati in the State of Andhra Pradesh, Bhopal in the State of Madhya Pradesh, Jorhat in the State of Assam and Kurukshetra in the State of Haryana, as institutions of national importance and clause 6 seeks to substitute new section for section 4, so as to provide for incorporation of each of the said Institutes. 2. It is estimated that there would be an expenditure of approximately 434 crore rupees for the establishment of these Institutes. Accordingly, a sum of 434 crore rupees was sanctioned during the Twelfth Plan. The non-recurring expenditure is estimated to be 336.72 crore rupees and recurring expenditure is estimated to be 97.28 crore rupees. The expenditure is met through budgetary provision of the Department of Industrial Policy and Promotion. After the Institutes become fully operational and start generating revenues through fees, consultancy income, etc., dependence on Government grants for recurring expenditure will gradually reduce. 3. The Bill does not involve any other expenditure of recurring or non-recurring nature from the Consolidated Fund of India. S3 \F\BILL 2018\LS\2614GI/2614GI10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2] MEMORANDUM REGARDING DELEGATED LEGISLATION Clauses 24 of the Bill seeks to amend section 29 of the National Institute of Design Act, 2014, so as to confer power on the Institutes of Design at Amaravati in the State of Andhra Pradesh, Bhopal in the State of Madhya Pradesh, Jorhat in the State of Assam and Kurukshetra in the State of Haryana to frame Statutes and clause 25 seeks to amend section 30 of the said Act, so as to confer power these Institutes to frame Ordinances. 2. The matters in respect of which the Statutes or Ordinances may be made are matters of procedure and administrative details, and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character. ———— SNEHLATA SHRIVASTAVA Secretary General UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—2614GI(S3)—19-12-2018.