Ministry Of Tourism Government Of India

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Ministry of TourismGovernment of IndiaPublic consultation on the Draft BillMinistry of Tourism, Govt. of India proposes to upgrade its one of theautonomous bodies namely ‘National Council for Hotel Management andCatering Technology’ to the ‘Institute of national Importance’ by an Act ofParliament towards empowering it to award degree in the domain and relatedfields with its new proposed name as ‘ National Institute of HospitalityManagement’.Draft Bill on the above context has been uploaded on the website of the Ministry(www.tourism.gov.in ) under News/Updates.General public as well as the stake holders may go through the draft Bill and maysend their views/suggestion(s) on the draft Bill, if any, through e-mail torlgupta.edu@nic.in or through Post to R.L.Gupta, Under Secretary, Ministry ofTourism, C-1 Hutments, Dara Shukoh Road, New Delhi – 110011 within 15 daysfrom the date of publication.24.09.20181

Bill No. of 2018DRAFT NATIONAL INSTITUTE OF HOSPITALITY MANAGEMENT BILL, 2018A Bill to establish and incorporate The National Institute of Hospitality Managementas an „Institution of National Importance’ for the promotion, regulation and developmentof education, research, training and consultancy in the field of hotel management, culinaryArt, hospitality management, catering, food & nutrition, healthcare management, travel andtourism management, retail services management, other such service sectors and alliedfield thereofand for matters connected therewith and incidental thereto.BE it enacted by Parliament in the Sixty NinthYear of the Republic of India as follows:-CHAPTER IPRELIMINARY1.2.1.(1)This Act may be called „The National Institute ofHospitality Management Act, 2018‟.1.(2)It shall come into force on such date, as the CentralGovernment may, by notification in the Official Gazette,appoint.1.(3)Whereas the objects of the Institution tobe known asNational Institute of Hospitality Management, are such asto make it the “Institution of National Importance”, it ishereby declared that the National Institute of HospitalityManagement is an Institution of National Importance.Short title andcommencementDeclaration ofNational Instituteof HospitalityManagement asan Institution ofNationalImportanceIn this Act, unless the context otherwise requires, 2.(a)“Appointed day” means the date of establishment of theNational Institute of Hospitality Management under subsection (1) of section 3 of this Act;2.(b)“Academic Council” means the Academic Council ofthe National Institute of Hospitality Managementconstituted under sub-section (2) of section 14 of this ent/State Government/ PSU/Private Sector/jointventure run Institute of Hotel Management declared byNIHM as its Academic Chapter to run courses in the fieldDefinitions24.09.20182

of hotel management, hospitality management, culinaryArt, catering, food & nutrition, tourism management,healthcare management, retail services management,other such service sectors and allied field thereofasdesigned by NIHM;2.(d)“Board” means the Board of Governors of the NationalInstitute of Hospitality Managementconstituted under subsection (1) of section 11 of this Act;2.(e)“Central Government” means Ministry of Tourism orDepartment in the Central Government dealing with thesubject.2.(f)“Chairperson” means the Chairperson of the Board ofNational Institute of Hospitality Managementnominatedunder clause (a) of sub-section (1) of section 11of thisAct;2.(g)“Chief Executive Officer” means the Chief ExecutiveOfficer of the National Institute of Hospitality Management(NIHM) appointed under section 17 of this Act;2.(h)“Fund” means the Fund of the National Institute ofHospitality Managementto be maintained under section21 of this Act;2.(i)“Hospitality Management” means the g,administration and operation of hotels, resorts, catering,culinary Art, retail services, food production, nagement and any other such profession ofhospitality;2.(j)“IHM” means the Institutes of Hotel Management andCatering Technology established by either the CentralGovernment or State Governments or run by a publicsector undertaking or by the Private Sector or a jointventure;2.(k)“National Institute of Hospitality Management”meansthe body established under sub-section (1) of section 3ofthis Act, hereinafter called NIHM;2.(l)“National Institute of Hospitality ManagementCampus” means a campus located at Noida or any otherplace in India or abroad as may be decided by the Board;2.(m)“Senate” means the Senate of the National Institute of24.09.20183

Hospitality Management referred to in section 13 of thisAct;2.(n)“Society” means the National Council for HotelManagement and Catering Technology, New Delhiregistered as a society under the Societies RegistrationAct, 1860;2.(o)“Statutes” “Regulations” and “Ordinances” meanrespectively the Statutes, Regulations and theOrdinances of the National Institute of HospitalityManagement made under this Act;CHAPTER II3.4.5.3.(1)With effect from such date as the Central Governmentmay, by notification in the Official Gazette, appoint, thereshall be established the National Institute of HospitalityManagementas a body corporate by the name aforesaid.3.(2)The National Institute of Hospitality Management shallhave perpetual succession and a common seal withpowers 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.4.(1)On and from the appointed day, subject to the otherprovisions of this Act, all properties vested in theNCHMCTSociety,immediatelybeforethecommencement of this Act, shall on and from suchcommencement, vest in the NIHM.4.(2)No bequest, donation or transfer of any property shall beaccepted by the NIHM, which in the opinion of the Boardinvolves conditions or obligations opposed to the spiritand objects of this section.Establishment ofNational Instituteof HospitalityManagementVesting ofpropertiesOn and from the appointed day –5.(a)any reference to the NCHMCT Society in any contract orother instrument shall be deemed as a reference to theNIHM;5.(b)all the rights and liabilities of the NCHMCT Society shallbe transferred to, and be the rights and liabilities of theNIHM; and5.(c)every person in regular employment of the NCHMCTSociety, immediately before the appointed day, shallEffect ofincorporation ofthe Institute24.09.20184

continue to hold office or service in the National Instituteof Hospitality Managementby the same tenure and in thesame terms and conditions and with the same rights andprivileges with regard to pension, leave, gratuity,provident fund and other matters as would have been thecase had this Act not been passed, immediately on andafter the appointed day till such time such person‟semployment is terminated or until such time the aforesaidservice conditions are duly altered by the Statutes of theNIHM.Provided that if the alterations to the service conditions somade is not acceptable to such employee, his/heremployment may be terminated by the National Instituteof Hospitality Managementin accordance with the termsof the contract with the employee or, if no provision ismade therein on this behalf, on payment to him/her by nsation equivalent to three months‟ remunerationin the case of permanent employee and one month‟sremuneration in the case of other employee. Otherterminal benefits as applicable will be admissible.67The objects of the Institute shall be to disseminate advanceknowledge by providing instructional and research facilities in suchbranches of learning as it may deem fit; to make special provisionsfor integrated courses in the field of hotel management, hospitalitymanagement, travel and tourism management, catering, food &nutrition, healthcare management, retail services management,other service sectors and allied field thereof; to take appropriatemeasures for promoting innovations in teaching-learning processand inter-disciplinary studies and research; to educate,regulate,train and skilling manpower for the development of the country; toestablish linkages with industries for the promotion of latesttechnology; and to pay special attention to the improvement of thesocial and economic conditions and welfare of the people, theirintellectual, academic and skill development.(1)The Powers and functions of the National Institute ofHospitality Management shall be –7(1)(i)Regulation and coordination of academic content andresearch in the field of hotel management, hospitalitymanagement, catering, food & nutrition, culinary Art,travel and tourism, healthcare management, retailservices management, other service sectors andallied field thereof, for the NIHM and its AcademicChapters;Objects of theInstitutePowers andFunction of theInstitute24.09.20185

7(1)(ii)to develop and conduct academic programmes for thefollowing industries viz- hotel, hospitality, catering,healthcare, culinary Art, travel and tourism, retailservices, other service sectors and allied field thereof,that rely on important human resources leading toaward of Certificate, Diploma, Graduate, PostGraduate, Doctoral and Post-Doctoral level degreesand also consulting related to those fields;7(1)(iii)to nurture and promote quality and excellence ineducation and research in the areas relating to skill,operation and management of the establishment ofhotel, hospitality, catering, healthcare, retail services,other service sectors and allied field thereof;7(1)(iv)to declare the Central Government/ StateGovernment/ PSU/Private Sector/joint venture runIHMs and other institutes in hospitality and alliedtourism sector as its Academic Chapters with effectfrom the date of enactment of this Act, for academicdelivery of courses;7(1)(v)To issue statutes/ regulations as to the suitability ofthe IHMs and other institutes in hospitality and alliedtourism sector for incorporation as the AcademicChapters of the NIHM, covering the following amongstothers;(a) Prescriptions of standards for buildings andequipment of the Academic Chapters;(b) Prescriptionofeducationalqualifications,experience and other standards as well as salarystructure for the members of academic faculty ofthe Chapters; and deputing them for further trainingetc. in India or abroad, either sponsored by NIHMor at the cost of the chapter, as the case may be;(c) Conducting common eligibility test for the membersof teaching faculty of NIHM and its AcademicChapters;(d) Prescription of educational and other qualificationsfor admission of students to the Chapters;(e) Prescription of the manner of admission of studentsto the Chapters;24.09.20186

(f) Admit the candidates to examinations conductedby it;(g) Prescription of fees for the various courses inrespect of NIHM and its Academic Chapters andthe manner governing receipt thereof.(h) Conduct of term end examinations for promotionfrom lower to higher classes and also for awardingcertificates, diplomas, degrees or any otherqualification;(i) Publication of results of examinations conducted byit;7(1)(vi)Award of degrees to students who have completedthe prescribed courses of study in NIHM and in theAcademic Chapters and have passed theexaminations conducted by it;7(1)(vii)to institute fellowships, scholarships and conferawards, honorary degrees or other academicdistinctions or titles;7(1)(viii)to co-operate, associate and collaborate ations or bodies corporate in any part of theworld having objects wholly or partly similar to thoseof NIHM by exchange of faculty members, students,staff and scholars and generally in such manner asmay be conducive to their common objective;7(1)(ix)to conduct courses for teachers, technologists,hoteliers and other professionals in the areas of hotelmanagement, hospitality management, culinary t, retail services management, otherservice sectors and allied field thereof;7(1)(x)to cooperate with other authorities and bodies in suchmanner and for such purposes as may be necessaryfor giving effect to the objects of the NIHM;24.09.20187

7(1)(xi)to promote the general advancement of education,technical and otherwise, amongst members of andthose connected with, and the educational andprofessional interests of the hospitality and cateringindustry;7(1)(xii)to devise and impose means for testing thequalifications of persons already working in theindustry to grant recognition to their professionalattainments and to form Rules and Bye-laws for suchrecognition and all matters incidental thereto;7(1)(xiii)to advise thedevelopment ofCatering Educationand on such otherrequire;7(1)(xiv)to do all other such lawful acts and things as may benecessary or incidental or conducive to the attainmentof all or any of the objects of the NIHM;7(1)(xv)to acquire, hold and dispose of property in anymanner whatsoever provided that the prior approval ofthe Central Government is obtained in the case ofacquisition or disposal of immovable property;7(1)(xvi)to deal with any property belonging to or vested in theNIHM in such manner as the National Institute ofHospitality Management may deem fit for advancingits functions;7(1)(xvii)to borrow and raise money with or without security ofany Mortgage, hypothecation or pledge of any or all ofthe immovable properties belonging to the NationalInstitute of Hospitality Management or in any othermanner whatsoever, only with the prior approval of theCentral Government;7(1)(xviii)to print, publish and exhibit magazines, periodicals,newsletters, books, pamphlets or posters that may beconsidered desirable for the promotion of the objectsof the NIHM;7(1)(xix)to undertake research, survey and studies in area ofhotel management, hospitality management, culinaryart, travel and tourism management, catering, food &nutrition, healthcare management, retail servicesmanagement, other service sectors and allied fieldthereof;and application thereof, including theGovernment on coordinatedHospitality Administration andand training regarding the same;matters as the Government may24.09.20188

integration of latest trends and techniques in the tradeand international marketing and also permit toundertake similar assignment by it‟s AcademicChapters;7(1)(xx)to collect, publish and maintain literature andmaterials available in the area of hotel management,hospitality management, catering, food & nutrition,healthcare management, retail services management,other service sectors and allied field thereof;so as todevelop a modern information and resource centrewithin the country;7(1)(xxi)to develop an international centre for creation andtransmission of information, with focus on educational,professional and industrial commitments;7(1)(xxii)to conduct skill development programs and to providetechnical assistance to entrepreneurs, craftsmen,cooks, food outlet operators waitersskill leveluntrained workforce of the related field and generalpublic;7(1)(xxiii)to have a centre to experiment and innovate and totrain persons in the field of hotel management,hospitality management, catering, food & nutrition,culinary art, travel and tourism management,healthcare management, retail services management,other service sectors and allied field thereof;7(1)(xxiv)to organize national or international symposia,seminars, conferences and exhibitions in the field ofHospitality Administration, Catering Technology andother allied activities;7(1)(xxv)to arrange courses catering to the special needs ofthe developing countries;7(1)(xxvi)to design, develop, amend, update curriculums of theacademic programs and training materials as per thesector‟s requirement and change of technology andmanagement technique;7(1)(xxvii)to acquire any patent or license relating to suchinvention, improvement or design or standardization24.09.20189

marks whether for general or specific purposes;7(1)(xxviii)to function as a National resource centre forcurriculum development, training the trainers andsupport skill development in the sector overall;7(1)(xxix)to frame the Statutes, Regulations and theOrdinances and to alter, modify or rescind the same;7(1)(xxx)to act as a catalyst for interface between academiaand industry by encouraging exchange of hospitalityprofessionals and other technical personnel betweenthe NIHM, its Academic Chapters and the industryand by undertaking sponsored and funded researchas well as consultancy projects by the NIHM; and7(1)(xxxi)to do all such things as may be necessary, incidentalor conducive to the attainment of all or any of theobjects of the Institute.7.(2)in exercising its powers and functions referred to in subsection (1) above, it shall be the endeavour of theInstitute to maintain an all-India character and highstandards of teaching and research, and the Instituteshall, among other measures which may be necessaryfor the said purpose, take, in particular, the followingmeasures, namely:–7(2)(i)admission of students and recruitment of faculty either inthe Institute or in the Academic Chapters shall be madeon all-India basis;7(2)(ii)admissions of students shall be made on merit, eitherthrough Common Entrance Tests conducted by theInstitute or by the individual Academic Chapters, or onthe basis of marks obtained in the qualifying examinationin such courses where the intake of students is small;7(2)(iii)inter-Chapter mobility of faculty and staff with portablepensions and protection of seniority, shall beencouraged, if technically viable;7(2)(iv)semester system, continuous evaluation and creditsystem shall be introduced and the Institute shall enterinto agreements with other Universities and academicinstitutions, either national or international, for credit24.09.201810

transfer and joint degree programmes;7(2)(v)innovative courses and programmes of studies shall beintroduced with a provision for periodic review andrestructuring;7(2)(vi)active participation of students shall be ensured in allacademic activities of the Institute and the AcademicChapters, including evaluation of teachers;7(2)(vii)accreditation shall be obtained from the accreditingagency at the national level; and7(2)(viii) e-governance shall be implemented with an effectivemanagement information system.8.The jurisdiction of the National Institute of Hospitality Management(NIHM) shall extend to the whole of India.Jurisdiction9.The National Institute of Hospitality Management shall be open topersons of all genders and of whatever caste, creed, race or class,and it shall not be lawful for the National Institute of HospitalityManagement to adopt or impose on any person any testwhatsoever of religious belief or profession in admitting orappointing members, students, researchers, staff or workers or inany other connection whatsoever.Institute be opento all races, creedsand classesProvided that nothing in this section shall be deemed toprevent the National Institute of Hospitality Management frommaking special provisions for the employment or admission ofwomen, physically handicapped or of persons belonging to theweaker sections of the society and, in particular, of the ScheduledCastes and the Scheduled Tribes.10.11.The following shall be the authorities of the National Institute ofHospitality Management, namely:(a)a Board of Governors;(b)a Senate;(c)an Academic Council; and(d)such other authorities as may be declared by the Statutes tobe the authorities of the NIHM.(1)The constitution of the Board of Governors of the NationalInstitute of Hospitality Management shall be as follows:-Authorities ofInstituteConstitution of24.09.201811

(a) Chairperson, the Secretary to the Government of India,Ministry of Tourism, ex-officio;Board ofGovernors(b) the Chief Executive Officer of the NIHM, ex-officio;(c) the Financial Adviser of the Ministry of Tourism,Government of India, ex-officio;(d) the Joint Secretary level Officer in the Ministry ofTourism dealing with the Human Resource DevelopmentDivision, ex-officio;(e) the Joint Secretary level officer of Department of HigherEducation, Ministry of HRD, Government of India, to benominated by Secretary, Ministry of HRD, Government ofIndia, ex-officio;(f) Chairman, BoG of two Central Institutes of HotelManagement declared as Academic Chapter of NIHM tobe nominated by Central Government;(g) Principals/heads of two Central Institutes of HotelManagement or any other institute declared as AcademicChapter of National Institute of Hospitality Managementto be nominated by the Central Government;(h) two eminent experts in Hospitality or tourism or generalManagement, to be nominated by the CentralGovernment; and(i) Registrar of the NIHM will act as Ex Officio Secretary inthe Board.Constitution of the Board shall be made by the CentralGovernment by notification as and when required to do so11(2) The term of office of the members of the Board other thanex-officio members thereof shall be three years and theyshall be entitled for such allowances as may be determinedby the Central Government.Terms of themembers of theBoard11(3) The Central Government shall have the powers to remove itsnominated members, if it considers it appropriate to do so.24.09.201812

11(4) No member shall be removed under sub-section (3) unlesshe has been given a reasonable opportunity of being heardin the matter.11(5) The term of office of members of the Board nominated to filla vacancy shall continue for the remainder of the term of themember in whose place he/ she has been nominated.11(6) The Board shall meet at such times and places and shallMeetings of Boardobserve such rules of procedure in regard to the transactionof business at its meetings (including quorum at suchmeetings) as may be provided by regulations11(7) The office of member of the Board of Governors shall notdisqualify its holder for being a member of either House ofthe Parliament.12.(1)Subject to the provisions of this Act, the Board, shall beresponsible for the general superintendence, direction andcontrol of the affairs of the National Institute of HospitalityManagement and shall exercise all the powers not otherwiseprovided for by this Act, the Statutes and the Ordinances,and shall have the power to review the acts of the Senateand Academic Council.Powers of Board12(2) Without prejudice to the provisions of sub-section (1), theBoard shall –(i)take decisions on questions of policy relating to theadministration and functioning of the NIHM;(ii) take decisions on the establishment of newcampuses of the National Institute of HospitalityManagement at any location in India or abroad;(iii) fix, demand and receive fees and other charges;(iv) institute academic and other posts;(v) frame Statutes, Regulations and Ordinances and toalter, modify or rescind the same;(vi) institute and award fellowships, scholarships, prizesand medals;(vii) consider and pass resolutions on the annual report,the annual accounts and the budget estimates of24.09.201813

the National Institute of Hospitality Management forthe previous financial year as it thinks fit togetherwith a statement of its development plans forsubsequent financial years;(viii) appoint such officers and other employees as itconsiders necessary for the efficient discharge of itsfunctions under this Act. The terms and otherconditions of service of officers and otheremployees of the Board appointed under subsection (1) shall be such as may be determined byregulations.(ix) receive gifts, grants, donations or benefactions fromthe Government or elsewhere and to receivebequests, donations and transfers of movable orimmovable properties from the testators, donors ortransferors, as the case may be; And(x) do all such things as may be necessary, incidentalor conducive to the attainment of all or any of theaforesaid powers;12(3) The Board may, by a general or special order in writing, alsoform committees of the members and delegate to them thepowers and functions of the Authority as may be specified bythe regulations.12(4) The Board may, by general or special order in writing,delegate to any member, officer of the Institute or any otherperson subject to such conditions, if any, as may bespecified in the order, such of its powers and functions underthis Act (except the powers under section 12(1) as it maydeem necessary.12(5) Notwithstanding anything contained in sub-section (2) ofsection 3, the Board shall not dispose of in any manner anyimmovable property without the prior approval of the CentralGovernment.12(6) The Central Government may appoint one or more personsto review the work and progress of the National Institute ofHospitality Management and hold inquiries into the affairsthereof and to report thereon in such manner as the CentralGovernment may direct.12(7) Upon receipt of any such report, the Central Government24.09.201814

may take such action and issue such directions as itconsiders necessary in respect of any of the matters dealtwithin the report and the National Institute of HospitalityManagement shall be bound to comply with such directions.13.(1)The constitution of the Senate of the National Institute ofHospitality Management shall be as follows:-(a)the Chief Executive Officer, ex officio who shall be theChairman of the Senate;(b)Principals/heads of three Sponsored Chapters to benominated by the Chairperson of the Board;(c)Four persons, who are not employees of the NationalInstitute of Hospitality Management or Chapter, to benominated by the Chairperson in consultation with the ChiefExecutive Officer, from amongst educationists of repute, oneeach from the fields of food production/ culinary art, food t/travel and tourism management andaccommodation management;(d)one alumnus of an Academic Chapter of the NIHM to benominated by the Chairperson in consultation with the ChiefExecutive Officer by rotation;and(e)Registrar of the NIHM will act as Ex Officio Secretary in theSenate;Senate13(2) Constitution of the Senate shall be made by the Chairpersonin consultation to the Chief Executive Officer and will benotified by the Institute as and when required to do so14.(1)The Academic Council shall be the principal academic bodyof the Institute and shall, subject to the provisions of this Act,the Statutes and the Ordinances, coordinate and exercisegeneral supervision over the academic policies of theInstitute.Academic Council14(2) The constitution of the Academic Council of the NationalInstitute of Hospitality Management shall be as followsthrough a notification by the Institute with the approval of theChairperson of the Board:i. Chairman, Chief Executive Officer of the NationalInstitute of Hospitality Management, ex-officio;ii. 815

Chapters of NIHM by rotation (One each from CentralSponsored, State Sponsored and Private Chapters/FoodCraft Institute) - to be nominated by the Chairperson ofthe Board;iii. Two HODs from each of the core area of Hospitality andtourism (Food Production, F & B Service, HouseKeeping,Front Office and Travel &Tourism)fromAcademic Chapters to be nominated by the Chairpersonof the Board in consultation with the Chief ExecutiveOfficer (10 members)iv. Four experts of renowned Management Institutes – oneeach from the field of Financial Management, HumanResource Management, Strategic Management andSales & Marketing Management, to be nominated by theChairperson of the Board in consultation with the ChiefExecutive Officerv. Four experts from the area of cuisine, retail and otherniche area of tourism and hospitality to be nominated bythe Chairperson in consultation with the Chief ExecutiveOfficervi. Director (Academics & Research), National Institute ofHospitality Management;vii. Director (Studies & Examination), National Institute ofHospitality Management; andviii. Registrar of the NIHM will be Ex Officio Secretary in theAcademic Council, ex-officio.14(3) The constitution of the Academic Council, the term of officeof its members and its powers and functions shall beprescribed by the Regulations:15.Subject to the provisions of this Act, the Statutes and theOrdinances, the Senate of the National Institute of HospitalityManagement shall have the control and general regulations, andbe responsible for the maintenance of standards of instruction,education and examination in the Institute and its AcademicChapters and shall exercise such other powers and perform suchother duties as may be conferred or imposed upon it by theStatutes.Teaching24.09.201816

All teaching at the campus of the NIHM and at the AcademicChapters shall be conducted by or in the name of the Institute ofHospitality Management in accordance with the statutes and theordinances made in this behalf.16.1718(1)The Chairperson shall ordinarily preside at the meetingsof the Board and at the Convocations of the NIHM.16(2)The Chairperson shall exercise such other powers andperform such other duties as may be assigned to him bythis Act or the Statutes.17(1)The Chief Executive Officer of the National Institute ofHospitality Management shall be appointed by theGovernment of India on the recommendation of Searchcum-Selection committee, for a tenure of five years asprovided for in the Statutes of the National Institute ofHospitality Management.17(2)The Chief Executive Officer shall be the chief executiveofficer of the National Institute of Hospitality Managementand shall be responsible for the proper administration ofthe National Institute of Hospitality Management and forimparting of instruction and maintenance of disciplinetherein.17(3)The Chief Executive Officershall submit annual reportsand accounts to the Board.17(4)The Chief Executive Officershall exercise such otherpowers and perform such other duties as may nances and by the Board.17(5)The Central

Ministry of Tourism, Govt. of India proposes to upgrade its one of the µ }v}u}µ } ] vu oÇ Z National Council for Hotel Management and Catering Technology [ } Z Z /v ] µ }( v ]}vo /u } v [ by an Act of . ³Central Government means Ministry of Tourism or Department in the Central Government dealing with the subject. 2.(f) .

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