4. Incorporation of Institutes.—On and from the date of commencement of this Act, each of the
Institute mentioned in column (3) of the Schedule shall be a body corporate, having 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.
5. Effect of incorporation of Institutes. —On and from the date of commencement of this Act,—
(a) any reference to an existing Institute in any other law for the time being in force or in any
contract or other instrument shall be deemed as a reference to the corresponding Institute;
(b) all properties, movable and immovable, of or belonging to an existing Institute shall vest in
the corresponding Institute;
(c) all rights and liabilities of an existing Institute shall be transferred to, and be the rights and
liabilities of the corresponding Institute;
(d) every person employed by an existing Institute immediately before such commencement shall
hold his office or service in the corresponding Institute, with the same tenure, for 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 had this Act not been
enacted, and shall continue to do 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 and conditions of the contract with the
said 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 case of permanent employee and one
month's remuneration in the case of other employee:
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Provided further that any reference, by whatever form of words, to the Director or ViceChancellor, and other officers of an existing Institute under any law for the time being in force, or any
instrument or other document, shall be construed as a reference to the Director, and other officers of
the corresponding Institute;
(e) every person pursuing, before commencement of this Act, any academic or research course in
an existing Institute, shall be deemed to have migrated and registered with the corresponding
Institute, on such commencement at the same level of course in the Institute from which such person
migrated; and
(f) all suits and other legal proceedings instituted or which could have been instituted by or
against an existing Institute, immediately before the commencement of this Act, shall be continued or
instituted by or against the corresponding Institute.
6. Powers and functions of Institutes.—(1) Subject to the provisions of this Act, each Institute shall
exercise the following powers and perform the following functions, namely:—
(a) to provide for instruction and research in such branches of food science and food technology,
and any other branches of engineering, technology, science and management as the Institute may
think fit, and for the advancement of learning and dissemination of knowledge in such branches;
(b) to hold examinations and grant degrees, diplomas, certificates and other academic distinctions
or titles;
(c) to confer honorary degrees or other distinctions;
(d) to fix, demand and receive fees and other charges;
(e) to establish, maintain and manage halls and hostels for the residence of students;
(f) to supervise and control the discipline of all categories of employees and students of the
Institute and to make arrangements for promoting their health, general welfare, cultural and corporate
life;
(g) to provide for the maintenance of units of the National Cadet Corps for the students;
(h) to institute academic and other posts and to make appointments thereto except the Director;
(i) to deal with any property belonging to or vested in the Institute in such manner as the Institute
may deem fit for advancing the objects of the Institute;
(j) to receive gifts, grants, donations or benefactions from the Government and to receive
bequests, donations and transfers of movable or immovable property from testators, donors or
transferors, as the case may be;
(k) to co-operate and collaborate with educational or other institutions in any part of the world
having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars
and generally in such manner as may be conducive to their common objects;
(l) to institute and award fellowships, scholarships, exhibitions, prizes and medals; and
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(m) 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.
(2) Notwithstanding anything contained in sub-section (1), an Institute shall not dispose of in any
manner any immovable property without the prior approval of the Central Government.
7. Institutes to be open to all races, creed and classes.—(1) Each Institute shall be open to all
persons irrespective of gender, 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, officers, employees
or workers or in any other connection whatsoever.
(2) No bequest, donation or transfer of any property shall be accepted by any Institute, which in the
opinion of the Council involves conditions or obligations opposed to the spirit and object of this section.
(3) The admission to every academic course or programme of study in each Institute shall be based on
merit, assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the
commencement of the process of admission by such Institute:
Provided that nothing in this section shall be deemed to prevent the Institute from making special
provisions for the employment or admission of women, persons with disabilities or for persons belonging
to any socially and educationally backward classes of citizens and, in particular, for the Scheduled Castes
and the Scheduled Tribes:
Provided further that each such Institute shall be a Central Educational Institution for the purposes of
the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007).
8. Institutes to be not-for-profit legal entity.—(1) Each Institute shall be a not-for-profit legal entity
and no part of the surplus, if any, in revenue of the Institute, after meeting all expenditures in regard to its
operations under this Act, shall be invested for any purpose other than for the growth and development of
the Institute or for conducting research therein.
(2) Each Institute shall strive to raise funds for self-sufficiency and sustainability.
9.Teaching at Institutes.—All teaching at each of the Institutes shall be conducted by or in the name
of the Institute in accordance with the Statutes and Ordinances made in this behalf.