Schedule 1 of The Institutes of Technology Act, 1961 in hindi
THE SCHEDULE (See section 39) Provisions of the Indian Institute of Technology (Kharagpur) Act, 1956, continued in force 2. Declaration of the Indian Institute of Technology (Kharagpur) as an institution of national importance.—Whereas the objects of the institution known as the Indian Institute of Technology at Kharagpur in the district of Midnapore in the State of West Bengal are such as to make the institution one of national importance, it is hereby declared that the institution known as the Indian Institute of Technology, Kharagpur, is an institution of national importance. 3. Definitions.—In this Act, unless the context otherwise requires,—
- (b)“Board” means the Board of Governors of the Institute;
- (c)“Chairman” means the Chairman of the Board; (e) “Director” means the Director of the Institute;
- (g)“Institute” means the Institute known as the Indian Institute of Technology, Kharagpur, incorporated under this Act. 4. Incorporation.—(1) The first Chairman, the first Director and the first members of the Board who shall be the persons appointed in this behalf by the Central Government, by notification in the Official Gazette, and all persons, who may hereafter become or be appointed as officers or members of the Board, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the Indian Institute of Technology, Kharagpur.
- (2)The Institute shall have perpetual succession and a common seal, and shall sue and be sued by the said name. 5. Transfer of service of existing employees of the Indian Institute of Technology at Kharagpur.—(1) Subject to the provisions of this Act, every person who is permanently employed in the Indian Institute of Technology at Kharagpur immediately before the commencement of this Act shall, on and from such commencement, become an employee of the Institute and shall hold his office or service therein 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 on the date of commencement of this Act if this Act had not been passed.
- (2)Notwithstanding anything contained in sub-section (1), the Institute may, with the prior approval of the Visitor, alter the terms and conditions of any employee specified in sub-section (1), and if the alteration 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.
- (3)Every person employed in the Indian Institute of Technology at Kharagpur other than any such person as is referred to in sub-section (1) shall, on and from the commencement of this Act become an employee of the Institute upon such terms and conditions as may be provided for in the Statutes, and until such provision is made, on the terms and conditions applicable to him immediately before such commencement. 21
Summary
- This Schedule preserves the declaration of IIT Kharagpur as an institution of national importance.
- It establishes IIT Kharagpur as a body corporate with perpetual succession and its own common seal.
- Employees who were permanently working at Kharagpur before the law change keep their jobs, pay, and rights.
- The Institute can only alter the terms of these old employees with the prior approval of the Visitor.
- Permanent employees who leave because they disagree with a contract change get three months of pay as compensation.
- Staff not permanently employed before the change follow terms in the new Statutes but keep old terms until then.
Practical examples
FAQ
1. Is IIT Kharagpur a society?
No, according to the Schedule, it is a body corporate incorporated by the name Indian Institute of Technology, Kharagpur.
2. What happens to a worker's pay when the 1961 Act starts?
They hold office by the same tenure and at the same remuneration as before the change.
3. Who must approve if the Institute wants to change an old employee's contract?
The Institute must get the prior approval of the Visitor.
4. How much compensation does a permanent worker get for a forced contract change?
They are entitled to compensation equivalent to three months of their remuneration.
Test yourself
Q1.Under Section 4 of the Schedule in The Institutes of Technology Act, 1961, what legal power does IIT Kharagpur have?
Q2.According to Section 5 of the Schedule in The Institutes of Technology Act, 1961, what is the compensation for a permanent employee who rejects a contract change?
Q3.Under the Schedule of The Institutes of Technology Act, 1961, whose approval is required to alter an old employee's service terms?
Q4.How does Section 39 of The Institutes of Technology Act, 1961, identify the contents of this Schedule?