Statutes
Section 26 of the Institutes of Technology Act, 1961 deals with statutes. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-- (a) the conferment of honorary degrees; The Act came into force on 01 Apr 1962.
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:--
(a) the conferment of honorary degrees;
(b) the formation of departments of teaching;
(c) the fees to be charged for courses of study in the Institute and for admission to the examinations of degree and diplomas of the Institute;
(d) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(e) the term of office and the method of appointment of officers of the Institute;
(f) the qualifications of teachers of the Institute;
(g) the classification, the method of appointment and the determination of the terms and conditions of service of, teachers and other staff of the Institute;
(h) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute;
(i) the constitution, powers and duties of the authorities of the Institute;
(j) the establishment and maintenance of halls and hostels;
(k) the conditions of residence of students of the Institute and the levying of fees for residence in the halls and hostels and of other charges;
(l) the manner of filling vacancies among members of the Board;
(m) the allowances to be paid to the Chairman and members of the Board;
(n) the authentication of the orders and decisions of the Board;
(o) the meetings of the Board, the Senate, or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business;
(p) any other matter which by this Act is to be or may be prescribed by the Statutes.
Section 26, The Institutes of Technology Act, 1961 (Act 59 of 1961).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Indian Institute of Technology, Kanpur v. Raja Ram Verma & Ors.
Court's Decision & Legal Precedent
DATE-VERIFIED Judgement 2010-11-24 (order-20.pdf) — reportable CA 5341/2003 body teaching IIT Act ss.26–27/31/33; index Judgement date 2010-11-24 (annexure appointment/amendment dates false-flagged WRONG DOC). SC (Singhvi & Ganguly JJ.): IIT Kanpur is incorporated under the 1961 Act; s.26(g) authorises Statutes on staff service conditions; Statute 13 fixed Assistant Registrar superannuation at 60. MHRD 62-year enhancement applied only to teachers and those treated at par with teachers. Assistant Registrar who fails to prove teacher-parity cannot claim continuation to 62. Prescribing retirement age is managerial; HC erred in extending service. Appeal allowed; HC set aside.
On this section: s.26(g) Statutes may fix staff terms including superannuation — Statute 13 age-60 for non-teacher administrative staff stands unless employee proves teacher-parity under institute decision.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
5 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 26
What have the courts held on Section 26 of the Institutes of Technology Act?
Indian Institute of Technology, Kanpur v. Raja Ram Verma & Ors. (24 Nov 2010) is the leading judgment on this section among those set out below: s.26(g) Statutes may fix staff terms including superannuation — Statute 13 age-60 for non-teacher administrative staff stands unless employee proves teacher-parity under institute decision.
How do I find court cases under Section 26 of the Institutes of Technology Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Institutes of Technology Act 26, section 26 Institutes of Technology Act, section 26 of the Institutes of Technology Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Indian Institute of Technology, Kanpur v. Raja Ram Verma & Ors. (24 Nov 2010).
What should I read with Section 26 of the Institutes of Technology Act, and has it changed?
The rules and notifications made under it are where it actually bites, and there are 5: most recently Indian Institute of Technology Dharwad (2017), then Indian Institute of Technology Gandhinagar (2017), and 3 more.
When did Section 26 of the Institutes of Technology Act come into force?
Section 26 of the Institutes of Technology Act, cited as Institutes of Technology Act 26, came into force on 01 Apr 1962, having been enacted on 19 Dec 1961. It is in force as at the date shown on this page.
Other sections of this Act
- 38. Transitional provisions2081 words
- 3. Definitions875 words
- 5B. Effect of incorporation of Indian Institute of Technology (Banaras Hindu University), Varanasi576 words
- 5. Effect of incorporation of institutes466 words
- 5A. Effect of incorporation of Institute of Technology, Roorkee464 words
- 6. Powers of Institutes438 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.