To establish the Footwear Design and Development Institute as an institution of national importance for promotion and development of education, research and training relating to footwear and leather products design.
Footwear Design and Development Institute Act, 2017
Act No. 20 of 2017
[4th August, 2017]
An Act to establish and declare the Footwear Design and Development Institute as an institution of national importance for the promotion and development of quality and excellence in education, research and training in all disciplines relating to footwear and leather products design and development and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
CHAPTER I
Preliminary
1. Short title and commencement.
1. Short title and commencement.— (1) This Act may be called the Footwear Design and Development Institute Act, 2017.
(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 and any reference to the commencement in any such provision of this Act shall be construed as a reference to the commencement of that provision.
[Editor’s Note: This Act came into force w.e.f. 16th day of October, 2017.]
2. Declaration of Footwear Design and Development Institute as an institution of national importance.
2. Declaration of Footwear Design and Development Institute as an institution of national importance.— Whereas the objects of the institution known as the Footwear Design and Development Institute, are such as to make it the institution of national importance, it is hereby declared that the Footwear Design and Development Institute is an institution of national importance.
3. Definitions.
3. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Chairperson” means the Chairperson of the Institute nominated under clause (a) of sub-section (3) of Section 4;
(b) “design” means a rational, logical and sequential innovation process for the purposes of transferring culture to viable products and services in footwear and leather products, including fashion and retail thereof and for providing a competitive edge to products and services;
(c) “development” means the systematic use of scientific and technical knowledge to meet specific objective or requirements and includes an extension of the theoretical or practical aspects of concepts, design, discovery and invention including business thereof;
(d) “Executive Director” means the Executive Director of the Institute campus appointed under Section 18;
(e) “Fund” means the Fund of the institute to be maintained under Section 21;
(f) “Governing Council” means the Governing Council of the Institute constituted under sub-section (3) of Section 4;
(g) “Institute” means the Footwear Design and Development Institute established under sub-section (1) of Section 4;
(h) “Institute campus” means an Institute campus specified in the Schedule;
(i) “leather products” includes a product made of leather or any other material or combination thereof;
(j) “Managing Director” means the Managing Director of the Institute appointed under Section 16;
(k) “Member” means a Member of the Governing Council and includes the Chairperson;
(l) “notification” means a notification published in the Official Gazette;
(m) “prescribed” means prescribed by rules made under this Act;
(n) “Schedule” means the Schedule appended to this Act;
(o) “Secretary” means the Secretary of the Institute appointed under Section 17;
(p) “Senate” means the Senate of the Institute referred to in Section 13;
(q) “Society” means the Footwear Design and Development Institute registered under the Societies Registration Act, 1860 (21 of 1860.);
(r) “Statutes” and “Ordinances” mean respectively the Statutes and the Ordinances of the Institute made under this Act.
CHAPTER II
The Institute
4. Establishment of Institute.
4. Establishment of Institute.— (1) On and from the date of commencement of this Act, the Footwear Design and Development Institute shall be established as a body corporate by the name aforesaid.
(2) The 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 and to contract, and shall, by that name, sue or be sued.
(3) The Institute shall consist of a Governing Council having the following Members, namely:—
(a) a Chairperson, who shall be an eminent academician, scientist, or industrialist from leather sector, to be nominated by the Central Government;
(b) the Managing Director, ex officio;
(c) the Joint Secretary in the Ministry or Department in the Government of India dealing with Footwear Design and Development Institute, ex officio;
(d) the Joint Secretary in the Ministry or Department in the Government of India dealing with the leather, retail or fashion sector, ex officio;
(e) the Director Finance of the Ministry or the Department in the Government of India dealing with Footwear Design and Development Institute, ex officio;
(f) a representative of Ministry or Department in the Government of India dealing with skill development and entrepreneurship, ex officio;
(g) four professionals or industrialists to represent the Council for Leather Exports, the Indian Leather Garments Association, the Indian Footwear Components Manufacturers Association, and the Confederation of Indian Industry National Committee on Leather, Footwear and Leather Products, to be nominated by the Central Government; and
(h) one person each from the National Institute of Fashion Technology, National Institute of Design, the Central Leather Research Institute, the Indian Institute of Technology and the Indian Institute of Management, to be nominated by the Central Government.
(4) The term of office of the Chairperson and other Members, other than ex officio Members thereof, shall be three years and they shall be entitled for such allowances as may be determined by the Central Government.
(5) The term of office of the Members nominated to fill a casual vacancy shall continue for the remainder of the term of the Member in whose place he has been nominated.
(6) The Governing Council shall meet at least two times in a year at such place and time and observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by the Governing Council.
(7) Save as otherwise provided in this section, the term of office of an ex officio member shall continue as long as he holds the office by virtue of which he is a member.
5. Vesting of properties.
5. Vesting of properties.— On and from the date of commencement of this Act, subject to the other provisions of this Act, all properties which had vested in the Society, immediately before the commencement of this Act, shall on and from such commencement, vest in the Institute.
6. Effect of incorporation of Institute.
6. Effect of incorporation of Institute.— On and from the date of commencement of this Act,—
(a) any reference to the Society in any contract or other instrument shall be deemed as a reference to the Institute;
(b) all the rights and liabilities of the Society shall be transferred to, and be the rights and liabilities of, the Institute;
(c) every person employed by the Society, immediately before the appointed day, shall hold office or service in the Institute by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same, if this Act had not been passed, and shall continue to be so, unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the Statutes:
Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the Institute of compensation equivalent to three months’ remuneration in the case of permanent employee and one month’s remuneration in the case of other employee;
(d) every person pursuing, before the date of commencement of this Act, any academic or research course in existing Institute campus, shall be deemed to have migrated and registered with the corresponding Institute campus on such commencement at the same level of study in the Institute campus from which such person migrated; and
(e) all suits and other legal proceedings instituted or which could have been instituted by or against the Society, immediately before the commencement of this Act shall be continued or instituted by or against the Institute.
7. Functions of Institute.
7. Functions of Institute.— The functions of the Institute shall be—
(i) to nurture and promote quality and excellence in education and research in the areas of footwear and leather products design and development and allied fields thereof;
(ii) develop and conduct courses leading to graduate and post-graduate degrees, doctoral and post-doctoral courses and research in the areas of footwear and leather products design and development and allied fields thereof;
(iii) to hold examinations and grant degrees, diplomas, certificates, or any other qualification;
(iv) to institute fellowships, scholarships and confer awards, honorary degrees or other academic distinctions or titles;
(v) to co-operate, associate and collaborate with educational or other institutions, research organisations or bodies corporate in any part of the world having objects wholly or partly similar to those of the Institute by exchange of faculty members, students, staff and scholars and generally in such manner as may be conducive to their common objective;
(vi) to conduct courses for teachers, technologists and other professionals in the areas of footwear and leather products design and development and allied fields thereof;
(vii) to undertake research, survey, and studies and application thereof, for improved quality and design, testing, and international marketing;
(viii) to provide consultancy, testing, inspection, certification, project implementation and design support to the institutions and industries in any part of the world;
(ix) to develop an international centre for creation and transmission of information, with focus on educational, professional and industrial commitments;
(x) to conduct skill development programs and to provide technical assistance to artisans, craftsmen, manufacturers, designers and exporters;
(xi) to design, develop, amend, update curriculums of the academic programs and training materials as per the sector’s requirement and change of technology;
(xii) to acquire any patent or license relating to such invention, improvement or design or standardisation marks whether for general or specific purposes;
(xiii) to establish, form and maintain museums, libraries and collections of literature and films, slides, photographs, prototypes and other information;
(xiv) to function as a National resource centre for curriculum development, training the trainers and support skill development in the leather sector overall;
(xv) to frame the Statutes and the Ordinances and to alter, modify or rescind the same; and
(xvi) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute.
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Other Contents of Footwear Design and Development Institute Act, 2017 |
8. Powers of Governing Council.
8. Powers of Governing Council.— (1) Subject to the provisions of this Act, the Governing Council, under overall control of the Central Government, shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall exercise all the powers not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Senate.
(2) Without prejudice to the provisions of sub-section (1), the Governing Council shall—
(a) take decisions on questions of policy relating to the administration and working of the Institute;
(b) institute academic and other posts and to make appointments thereto (except in the case of the Managing Director, Secretary and Executive Director);
(c) frame the Statutes and the Ordinances and to alter, modify or rescind the same;
(d) consider and pass resolutions on the annual report, the annual audited accounts and the budget estimates of the Institute for the next financial year as it thinks fit together with a statement of its development plans;
(e) receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from the testators, donors or transferors, as the case may be; and
(f) do all such things as may be necessary, incidental or conducive to the attainment of all or any of the aforesaid powers.
(3) The Governing Council shall have the power to appoint such committees, as it considers necessary for the exercise of its powers and the performance of its duties under this Act.
(4) Notwithstanding anything contained in sub-section (2) of Section 4, the Governing Council shall not dispose of in any manner any immovable property without the prior approval of the Central Government.
(5) The Central Government may appoint one or more persons to review the work and progress of the Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Central Government may direct.
(6) Upon receipt of any such report, the Central Government may take such action and issue such directions as it considers necessary in respect of any of the matters dealt within the report and the Institute shall be bound to comply with such directions.
(7) The Central Government shall have the power to remove Chairperson or other Members or reconstitute the Governing Council, if it considers it appropriate to do so.
(8) No Chairperson or Member shall be removed under sub-section (7) unless he has been given a reasonable opportunity of being heard in the matter.
9. Institute be open to all races, creeds and classes.
9. Institute be open to all races, creeds and classes.— (1) The Institute shall be open to persons of all sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever.
(2) No bequest, donation or transfer of any property shall be accepted by the Institute, which in the opinion of the Governing Council involves conditions or obligations opposed to the spirit and object of this section.
10. Teaching at Institute.
10. Teaching at Institute.— All teaching at the campuses of the Institute shall be conducted by or in the name of the Institute in accordance with the Statutes and the Ordinances made in this behalf.
11. Visitor.
11. Visitor.— The President of India shall be the Visitor of the Institute.
12. Authorities of Institute.
12. Authorities of Institute.— The following shall be the authorities of the Institute, namely:—
(a) a Governing council;
(b) a Senate; and
(c) such other authorities as may be declared by the Statutes to be the authorities of the Institute.
13. The Senate.
13. The Senate.— The Senate of the Institute shall consist of the following persons, namely:—
(a) the Managing Director, ex officio who shall be the Chairperson of the Senate;
(b) the Secretary, ex officio;
(c) the Executive Directors of all Institute campus, ex officio;
(d) all Senior Professors of the Institute;
(e) three persons, not being employees of the Institute, to be nominated by the Chairperson in consultation with the Managing Director, from amongst educationists of repute, from the fields of footwear, science, engineering and humanities and one of them shall be woman;
(f) one alumnus of the Institute to be nominated by the Chairperson in consultation with the Managing Director by rotation; and
(g) such other members of the staff as may be laid down in the Statutes.
14. Functions of Senate.
14. Functions of Senate.— (1) Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate of the Institute shall be the principal academic body of the Institute and shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examinations in the Institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.
(2) Without prejudice to the provisions of sub-section (1), the Senate shall have the following powers, namely:—
(a) to specify the criteria and process for admission to courses or programmes of study by the Institute;
(b) to recommend to the Governing Council for creation of teaching and other academic posts, determination of number and emoluments of such posts and defining the duties and conditions of service of teachers and other academic posts;
(c) to recommend to the Governing Council for commencement of new programmes and course of study;
(d) to specify academic contents of programmes and course of study and to undertake modifications therein;
(e) to specify the academic calendar and approve grant of degrees, diplomas and other academic distinctions or titles; and
(f) to exercise such other powers and discharge such other functions as may be assigned to it, by Statutes or by the Governing Council.
15. Functions, powers and duties of Chairperson.
15. Functions, powers and duties of Chairperson.— (1) The Chairperson shall ordinarily preside at the meetings of the Governing Council and at the Convocations of the Institute.
(2) The Chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes.
(3) The Chairperson shall have the authority to review periodically the work and progress of the Institute and to order enquiries into the affairs of the Institute.
16. Managing Director.
16. Managing Director.— (1) The Managing Director of the Institute shall be appointed by the Central Government for a tenure of five years and on such terms and conditions of services as may be prescribed.
(2) The Managing Director shall be the principal executive officer of the Institute and shall be responsible for the proper administration of the Institute and for imparting of instruction and maintenance of discipline therein.
(3) The Managing Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act, the Statutes and the Ordinances or delegated by the Governing Council or the Senate.
(4) The Managing Director shall submit annual reports and accounts to the Governing Council.
(5) The Central Government shall have the power to remove the Managing Director before the tenure of five years, if it considers it appropriate to do so on the grounds of misconduct or incapacity after giving him an opportunity of being heard in the matter.
(6) The Managing Director shall be responsible for the implementation of the decision of the Governing Council and the Senate.
17. Secretary.
17. Secretary.— (1) The Secretary of the Institute shall be appointed by the Central Government for a tenure of five years and on such terms and conditions of service as may be prescribed.
(2) The Secretary shall act as the Secretary of the Governing Council, the Senate and such committees as may be specified by the Statutes.
(3) The Secretary shall be responsible to the Managing Director for the proper discharge of his functions.
(4) The Secretary shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or the Managing Director.
18. Executive Director.
18. Executive Director.— (1) The Executive Director of each Institute campus shall be appointed by the Central Government for a tenure of five years and on such terms and conditions as may be prescribed and shall exercise such powers and perform such duties as may be assigned to him by this Act or the Statutes or by the Managing Director.
(2) The Executive Director shall be the principal academic and executive officer of the Institute campus and shall be responsible for the implementation of the decision of the Governing Council and the Senate and the day-to-day administration of the Institute campus in consultation with the Managing Director.
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