Executive Summary:
The National Institute of Design Amendment Act, 2019, Act No. 38 of 2019, was approved by the President on November 29, 2019, and amends the National Institute of Design Act, 2014. The Act declares certain institutions of design as institutions of national importance. It comes into force on a date to be notified by the Central Government in the Official Gazette, with potentially different dates for different provisions.
Key Points / Main Content:
* **Amendment of Long Title and Section 1:**
* The Act modifies the long title of the principal Act to include "certain institutions of design" as institutions of national importance.
* Section 1 is amended to replace "Institute" with "Institutes."
* **Substitution of Section 2 (Declaration of National Importance):**
* Section 2 is replaced, declaring institutions mentioned in the Schedule as institutions of national importance due to their objects.
* **Amendment of Section 3 (Definitions):**
* Clause d: Defines "Director" in relation to any Institute.
* Clause e: Defines "Fund" in relation to any Institute.
* Clause f: Defines "Governing Council" in relation to any Institute.
* Clause g: Defines "Institute" as any institution in column 4 of the Schedule.
* Clause h: Defines "Institute campus" as established within or outside India.
* Clause k: Defines "Registrar" in relation to any Institute.
* Clause ka: Defines "Schedule" as the Schedule annexed to the Act.
* Clause l: Defines "Senate" in relation to any Institute.
* Clause m: Defines "Society" as registered under the Societies Registration Act, 1860, and mentioned in column 3 of the Schedule.
* Clause n: Defines "Statutes and Ordinances" in relation to any Institute.
* **Substitution of Section 4 (Incorporation of Institute):**
* Each Institute is a body corporate with the name in column 4 of the Schedule.
* Each Institute has perpetual succession, a common seal, and the power to acquire, hold, and dispose of property.
* The body corporate consists of a Chairperson, Director, and Governing Council members.
* Any Institute may establish a campus within or outside India.
* **Amendment of Section 5:**
* References to the Society in column 3 of the Schedule are deemed references to the corresponding Institute in column 4.
* Removes specific locations (Bengaluru, Gandhinagar) from clause e.
* Includes Explanations I and II regarding the commencement of the Act in relation to specific National Institutes of Design.
* **Amendments to Sections 6-11, 15, 16, 18, 20, and 22-30 and 32-37 and 39, 40:**
* Throughout these sections, "the Institute" is generally replaced with "each Institute" or "an Institute" to reflect the inclusion of multiple institutions. Specific changes in section 27 replaces Senior Designer to Principal Designer
* Section 39 removes specific locations (Bengaluru, Gandhinagar) from clause c.
* Includes Explanations I and II regarding the commencement of the Act in relation to specific National Institutes of Design.
* Includes Explanations I and II regarding the commencement of the Act in relation to specific National Institutes of Design.
* **Insertion of a New Schedule:**
* The Schedule lists the State, Name of the Society and corresponding Name of the Institution incorporated under the Act for:
* Gujarat: National Institute of Design, Ahmedabad
* Madhya Pradesh: National Institute of Design, Madhya Pradesh
* Assam: National Institute of Design, Assam
* Haryana: National Institute of Design, Haryana
* Andhra Pradesh: National Institute of Design, Andhra Pradesh
Impact Analysis:
**Central Government:**
* Impact: Responsible for notifying the commencement date of the Act and its various provisions in the Official Gazette.
* Action Required: Determine and publish the commencement date(s).
**National Institutes of Design (Ahmedabad, Madhya Pradesh, Assam, Haryana, Andhra Pradesh):**
* Impact: Their legal status and governance are modified as per the amendments, granting them greater autonomy and recognizing them as institutions of national importance.
* Action Required: Adapt internal regulations and practices to align with the amended Act, including changes to Governing Councils, Statutes, and Ordinances.
**Governing Councils, Directors, Registrars, and Senates of each Institute:**
* Impact: Their roles and responsibilities are now defined in relation to "each Institute" rather than a single "the Institute," implying a broader scope and potentially requiring adjustments to their functions.
* Action Required: Review and adjust their functions and responsibilities to align with the amended Act.
**Societies Registered under the Societies Registration Act, 1860:**
* Impact: Any reference to these societies will now be considered a reference to the corresponding Institute mentioned in the Schedule.
* Action Required: Ensure all legal and contractual documents reflect the change in reference from the Society to the corresponding Institute.
Key Entities Referenced
National Institute of Design Amendment Act, 2019: An Act to amend the National Institute of Design Act, 2014.
National Institute of Design Act, 2014: The principal Act being amended by the National Institute of Design Amendment Act, 2019.
Parliament: The legislative body that enacted the National Institute of Design Amendment Act, 2019.
Central Government: The government body responsible for bringing the Act into force by notification in the Official Gazette.
Societies Registration Act, 1860: Act under which societies like The National Institute of Design are registered.
National Institute of Design, Ahmedabad, Gujarat: An institution of national importance related to design.
National Institute of Design, Madhya Pradesh: An institution of national importance related to design located in Madhya Pradesh.
National Institute of Design, Assam: An institution of national importance related to design located in Assam.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 3rd December, 2019/Agrahayana 12, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
29th November, 2019, and is hereby published for general information:—
THE NATIONAL INSTITUTE OF DESIGN (AMENDMENT) ACT, 2019
NO. 38 OF 2019
[29th November, 2019.]
An Act to amend the National Institute of Design Act, 2014.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. (1) This Act may be called the National Institute of Design (Amendment) Act, 2019. 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.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Amendment 3. In section 1 of the principal Act, in sub-section (1), for the word “Institute”, the
of section 1. word “Institutes” shall be substituted.
Substitution of 4. For section 2 of the principal Act, the following section shall be substituted,
section 2. namely:—
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 (4) 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, mean the
Statutes and the Ordinances of such Institute made under this Act.’.
6. For section 4 of the principal Act, the following section shall be substituted,
Substitution of
section 4. namely:—
Incorporation “4. (1) Each Institute shall be a body corporate by the same name as mentioned
of Institute. in column (4) of the Schedule.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(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,
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 (4) 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, in relation to the National Institutes of Design in the States of
Madhya Pradesh, Assam, Haryana and Andhra Pradesh, be construed as the
reference to the date on which the provisions of the National Institute of Design
(Amendment) Act, 2019 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”, Amendment
the 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 Amendment
authorities of the Institute”, the words “Each Institute shall have the following authorities” of section 10.
shall be 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.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Amendment 14. In section 15 of the principal Act, for the words “The Senate of the Institute”, the
of section 15. words “The Senate of each Institute” shall be substituted.
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
of section 20.
the 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) in the opening portion, 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
of section 36. “to 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;SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(ii) in clause (c ), the words “located at Bengaluru or Gandhinagar, as the case
may be” 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, in relation to the National Institutes of Design in the States of
Madhya Pradesh, Assam, Haryana and Andhra Pradesh, be construed as the
reference to the date on which the provisions of the National Institute of Design
(Amendment) Act, 2019 comes into force.”.
33. In section 40 of the principal Act, after sub-section (3), the following Amendment
Explanations 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, in relation to the National Institutes of Design in the States of
Madhya Pradesh, Assam, Haryana and Andhra Pradesh, be construed as the
reference to the date on which the provisions of the National Institute of Design
(Amendment) Act, 2019 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 Name of the Society Name of the institutions
No.the State incorporated under
this Act
(1) (2) (3) (4)
1. Gujarat The National Institute of Design, National Institute of
Ahmedabad, a Society registered Design, Ahmedabad
under the Societies Registration
Act, 1860.
2. Madhya Pradesh The National Institute of Design, National Institute of
Bhopal, a Society registered under Design, Madhya Pradesh
the Societies Registration Act, 1860.
3. Assam The National Institute of Design, Jorhat, National Institute of
Assam, a Society registered under the Design, Assam
Societies Registration Act, 1860.
4. Haryana The National Institute of Design, National Institute of
Kurukshetra, a Society registered Design, Haryana
under the Societies Registration
Act, 1860.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]
(1) (2) (3) (4)
5. Andhra Pradesh The National Institute of Design, National Institute of
Andhra Pradesh, a Society registered Design, Andhra Pradesh.”.
under the Societies Registration
Act, 1860.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—4000GI(S3)—03-12-2019.