Footwear Design and Development Institute Act, 2017- Sections 19 to 39 and Schedule

19. Power and duties of other authorities and officers.

19. Power and duties of other authorities and officers.— The powers and duties of authorities and officers, other than those hereinbefore mentioned, shall be determined by the Statutes.

20. Grants by Central Government.

20. Grants by Central Government.— For the purpose of enabling the Institute to discharge its functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Institute in each financial year such sums of money and in such manner as it may think fit.

21. Funds of Institute.

21. Funds of Institute.— (1) The Institute shall maintain a Fund to which shall be credited—

(a) all moneys provided by the Central Government;

(b) all fees and other charges received by the Institute;

(c) all moneys received by the Institute by way of loans, grants, gifts, donations, benefactions, bequests or transfers; and

(d) all moneys received by the Institute in any other manner or from any other source.

(2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Governing Council decide.

(3) The Fund shall be applied towards meeting the expenses of the Institute, including expenses incurred in the exercise of its powers and discharge of its duties under this Act.

22. Setting up of endowment fund.

22. Setting up of endowment fund.— Notwithstanding anything contained in Section 21, the Central Government may direct the Institute to—

(a) set-up an endowment fund and any other fund for specified purpose; and

(b) transfer money from its Fund to endowment fund or any other fund.

23. Accounts and audit.

23. Accounts and audit.— (1) The Institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balance sheet, in such form as may be specified, in accordance with such general directions as may be issued by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India, generally has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Institute.

(4) The accounts of the Institute as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.

24. Pension and provident fund.

24. Pension and provident fund.— (1) The Institute shall constitute, for the benefit of its employees, including the Managing Director in such manner and subject to such conditions as may be specified by the Statutes, such pension, insurance and provident funds as it may consider necessary.

(2) Where any such provident fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925.) shall apply to such fund as if it were a Government Provident Fund.

25. Appointment.

25. Appointment.—All appointments of the staff of the Institute, except that of the Managing Director, Secretary and Executive Director shall be made in accordance with the procedure laid down in the Statutes by—

(a) the Governing Council, if the appointment is made on the academic staff in the post of Assistant Professor or above or if the appointment is made on the non-academic staff in any cadre, the maximum of the pay scale for which is the same or higher than that of Assistant Professor; and

(b) the Managing Director, in any other case.

26. Statutes.

26. Statutes.— Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—

(a) the formation of departments of teaching, centre of research, establishment of workshops, laboratories, studios;

(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;

(c) the classification, term of office, qualification, the method of appointment and the determination of the terms and conditions of service of officers, teachers and other staff of the Institute;

(d) the reservation of posts for the Scheduled Castes, the Scheduled Tribes and other backward categories of person as may be determined by the Central Government;

(e) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute;

(f) the constitution, powers and duties of the authorities of the Institute;

(g) the manner of filling up of vacancies among members of the Governing Council;

(h) the authentication of the orders and decisions of the Governing Council;

(i) the meetings of the Governing Council, Senate or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business;

(j) conferment of honorary degree;

(k) the establishment and maintenance of halls and hostels;

(l) the conditions of residence of students of the Institute and the levying of the fees for residence in the halls and hostels and other charges; and

(m) any other matter which by this Act is to be or may be specified by the Statutes.

27. Statutes how made.

27. Statutes how made.— (1) The first Statutes of the Institute shall be framed by the Governing Council with the previous approval of the Visitor and shall be laid as soon as may be before each House of Parliament.

(2) The Governing Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter in this section provided.

(3) Every new Statute or addition to the Statute or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may remit it to the Governing Council for consideration.

(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.

28. Ordinances.

28. Ordinances.— Subject to the provisions of this Act and the Statutes, the Ordinances of the Institute may provide for all or any of the following matters, namely:—

(a) the admission of the students to the Institute;

(b) the reservation for the Scheduled Castes, the Scheduled Tribes and other backward categories of persons;

(c) the courses of study to be laid down for all degrees, diplomas and certificates of the Institute;

(d) the conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the Institute and award of degrees, diplomas and certificates;

(e) the conditions for award of fellowships, scholarships, exhibitions, medals and prizes;

(f) the conditions and mode of appointment and duties of examining body, examiners and moderators;

(g) the conduct of examinations;

(h) the maintenance of discipline among the students of the Institute;

(i) the fees to be charged for courses of study in the Institute and for admission to the examinations of degrees, diplomas and certificates of the Institute; and

(j) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances.

29. Ordinance how made.

29. Ordinance how made.— (1) Save as otherwise provided in this section, Ordinances shall be made by the Senate.

(2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Governing Council and shall be considered by the Governing Council at its next succeeding meeting.

(3) The Governing Council shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.

30. Tribunal of Arbitration.

30. Tribunal of Arbitration.— (1) Any dispute arising out of a contract between the Institute and any of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee and an umpire appointed by the Visitor.

(2) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court.

(3) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Tribunal of Arbitration.

(4) The Tribunal of Arbitration shall have power to regulate its own procedure.

(5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitration under this section.

CHAPTER III

Miscellaneous

31. Act and proceedings not to be invalidated by vacancies.

31. Act and proceedings not to be invalidated by vacancies.— No act of the Institute or Governing Council or Senate or any other body set-up under this Act or the Statutes, shall be invalid merely by reason of—

(a) any vacancy in, or defect in the constitution thereof; or

(b) any defect in the election, nomination or appointment of a person acting as a member thereof; or

(c) any irregularity in its procedure not affecting the merits of the case.

32. Sponsored schemes.

32. Sponsored schemes.— Notwithstanding anything contained in this Act, whenever the Institute receives funds from any Government, the University Grants Commission or any other agency, including industry sponsoring a research scheme or a consultancy assignment or a teaching programme or a chaired professorship or a scholarship, etc., to be executed or endowed at the Institute—

(a) the amount received shall be kept by the Institute separately from the Fund of the Institute and utilised only for the purpose of the scheme; and

(b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisations:

Provided that any money remaining unutilised shall be transferred to the endowment fund created under Section 22 of this Act.

33. Power of Institute to grant degree, etc.

33. Power of Institute to grant degree, etc.— The Institute shall have the power to grant degrees, diplomas, certificates and other academic distinctions under this Act, which shall be equivalent to such corresponding degrees, diplomas, certificates and other academic distinctions granted by any University or Institute established or incorporated under any other law for the time being in force.

34. Institute to be public authority under the Right to Information Act, 2005.

34. Institute to be public authority under the Right to Information Act, 2005.— The provisions of the Right to Information Act, 2005 shall apply to the Institute, as if it were a public authority as defined in clause (h) of Section 2 of the Right to Information Act, 2005 (22 of 2005.).

 

Other Contents of Footwear Design and Development Institute Act, 2017

Sections 1 to 18
Sections 19 to 39 and Schedule

 

35. Power of Central Government to make rules.

35. Power of Central Government to make rules.— (1) The Central Government may, by notification, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the manner of appointment of the Managing Director, Secretary and Executive Director and terms and conditions of his services;

(b) the terms and conditions of service of the Managing Director, Secretary and the Executive Director under sub-section (1) of Section 16, sub-section (1) of Section 17 and sub-section (1) of Section 18;

(c) the form and manner in which the books of account of the Institute shall be maintained under sub-section (1) of Section 23; and

(d) any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

36. Returns and information to be provided to Central Government.

36. Returns and information to be provided to Central Government.— The Institute shall furnish to the Central Government such returns or other information with respect to policies or activities as the Central Government may, for the purpose of reporting to Parliament or for the making of policy, from time to time, require.

37. Transitional provisions.

37. Transitional provisions.— Notwithstanding anything contained in this Act—

(a) the Governing Council of the Society functioning as such, immediately before the commencement of this Act shall continue to so function until a new Governing Council is constituted for the Institute under this Act, but on the constitution of a new Governing Council under this Act the members of the Governing Council holding office before such constitution shall cease to hold office;

(b) until the first Statutes and the Ordinances are made under this Act, the rules and regulations, instructions and guidelines of the Society as in force, immediately before the commencement of this Act, shall continue to apply to the Institute insofar as they are not inconsistent with the provisions of this Act; and

(c) any student who joined classes of the existing Institute on or after the academic year 2012-2013 or completed the course on or after the academic year 2013-2014 shall for the purposes of clause (iii) of Section 7, be deemed to have pursued a course of study in the existing Institute if such student has not already been awarded degree or diploma for the same course of study.

38. Statute and Ordinance to be published in the Official Gazette and to be laid before Parliament.

38. Statute and Ordinance to be published in the Official Gazette and to be laid before Parliament.— (1) Every Statute or Ordinance made under this Act shall be published in the Official Gazette.

(2) Every Statute or Ordinance made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute or Ordinance or both Houses agree that the Statute or Ordinance should not be made, the Statute or Ordinance shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute or Ordinance.

(3) The power to make Statutes or Ordinances shall include the power to give retrospective effect with the approval of the Central Government from a date not earlier than the date of commencement of this Act to Statutes or Ordinances or any of them but no retrospective effect shall be given to any Statute or Ordinance so as to prejudicially affect the interests of any person to whom such Statutes or Ordinances may be applicable.

39. Power to remove difficulties.

39. Power to remove difficulties.— (1) lf any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provision or give such direction not inconsistent with the purposes of this Act, as appears to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

 

The Schedule

THE SCHEDULE

[See Section 3(h)]

INSTITUTE CAMPUSES

Sl. No.

Name of the State

Name and address of the existing Institute campus and its location

(1)

(2)

(3)

1.

Uttar Pradesh

Footwear Design and Development Institute, A-10/A, Sector-24, Noida, Gautam Budh Nagar, Pin-201301.

2.

Tamil Nadu

Footwear Design and Development Institute, Plot No: E-1, SIPCOT Industrial Park, Irrungattukotai, Kancheepuram.

3.

West Bengal

Footwear Design and Development Institute, Kolkata Leather Complex, Mouzakariadanga, J.L No-32 and Gangapur, J.L No-35, Kolkata.

4.

Haryana

Footwear Design and Development Institute, Plot No- 1, Sector-31 B, IMT Rohtak.

5.

Rajasthan

Footwear Design and Development Institute, Village Mandor, Tehsil Jodhpur, District-Jodhpur.

6.

Uttar Pradesh

Footwear Design and Development Institute, Sultanpur Road, Fursatganj, Raebareli, Pin-229302.

7.

Madhya Pradesh

Footwear Design and Development Institute, Corner Plot, Khasara No:31, Nagpur-Batil Road, Immlikhera Chowk, Chhindwara.

8.

Madhya Pradesh

Footwear Design and Development Institute, Gram Maharajpura Panchayat, Hari Pur, Phawa No-42, Survey No. 571/158, 61/1/1/1 on Gram Puraposar Road, Guna.

9.

Bihar

Footwear Design and Development Institute, Plot No P-6, Megha Industrial Area, Moza Dumri, Arra Road, Patna.

10.

Telengana

Footwear Design and Development Institute, LIDCAP Campus, HS Durga, Gachibowli, Bidar-Hyderabad Road, Hyderabad.

11.

Gujarat

Footwear Design and Development Institute, Plot No H-3301, Near ESIC Hospital, Ankleshwar Industrial Estate, Ankleshwar.

12.

Punjab

Footwear Design and Development Institute, District SAS Nagar (Mohali), Chandigarh-Patiala Highway, Chandigarh.

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