MINISTRY OF LAW AND JUSTICE

(Legislative Department)

————

New Delhi, the 9th December, 2014/Agrahayana 18, 1936 (Saka).

The following Act of Parliament received the assent of the President on the

8th December, 2014, and is hereby published for general information:—

THE INDIAN INSTITUTES OF INFORMATION TECHNOLOGY

ACT, 2014

(NO. 30 OF 2014)

[8th December, 2014.]

An Act to declare certain institutions of information technology to be institutions

of national importance, with a view to develop new knowledge in information

technology and to provide manpower of global standards for the information

technology industry and to provide for certain other matters connected with

such institutions or incidental thereto.

Be it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Indian Institutes of Information Technology Act, 2014.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

Short title

and com-

mencement.

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—14

REGISTERED NO. DL—(N)04/0007/2003—14

vlk/kkj.k

EXTRAORDINARY

Hkkx II— [k.M 1

PART II — Section 1

izkf/kdkj ls izdkf'kr

PUBLISHED BY AUTHORITY

lañ 36]

ubZ fnYyh] eaxyokj] fnlEcj 9] 2014@vxzgk;.k 18] 1936¼'kd½

No. 36]NEW DELHI, TUESDAY, DECEMBER 9, 2014/AGRAHAYANA 18, 1936(SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA

Separate paging is given to this Part in order that it may be filed as a separate compilation.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

2. Whereas the objects of the Institutes mentioned in the Schedule are such as to make

them institutions of national importance, it is hereby declared that each such Institute is an

institution of national importance.

3. In this Act, unless the context otherwise requires,—

(a) “Board”, in relation to any Institute, means the Board of Governors referred

to in sub-section (1) of section 13;

(b) “Chairperson” means the Chairperson of the Board of Governors appointed

under sub-section (2) of section 13;

(d) “Director” means the Director of the Institute;

(e) “existing Institute” means the institute mentioned in column (3) of the

Schedule;

(f) “Institute” means any of the institutions mentioned in column (5) of the

Schedule;

(g) “prescribed” means prescribed by rules made under this Act;

(h) “Schedule” means the Schedule to this Act;

(i) “Senate”, in relation to any Institute, means the Senate thereof;

(j) “Statutes” and “Ordinances”, in relation to any Institute, means the Statutes

and Ordinances of the Institute made under this Act.

CHAPTER II

THE INSTITUTES

4. (1) On and from the commencement of this Act, every existing Institute, shall be a

body corporate by the same name as mentioned in column (5) of the Schedule.

(2) Every existing Institute referred to in column (5) of the Schedule shall have 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. On and from the commencement of this Act,—

(a) any reference to a Society in any contract or other instrument shall be deemed

as a reference to the corresponding Institute mentioned in column (5) of the Schedule;

(b) all properties, movable and immovable, of or belonging to every existing

Institute shall vest in the corresponding Institute mentioned under column (5) of the

Schedule;

in column (3) of the Schedule shall be transferred to, and be the rights and liabilities of,

the corresponding Institute mentioned in column (5) of the Schedule;

(d) every person employed by every existing Institute mentioned in column (3)

of the Schedule, immediately before such commencement shall hold his office or service

in the corresponding Institute mentioned in column (5) of the Schedule, with 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 if this Act had not been enacted and shall

Declaration

of certain

institutions as

institutions of

national

importance.

Incorporation

of Institutes.

Effect of

incorporation

of Institutes.

Definitions.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

continue to do so unless and until his employment is terminated or until such tenure,

remuneration and 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 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 in

case of permanent employees and one month’s remuneration in the case of other

employees:

Provided further that any reference, by whatever form of words, to the Director,

Registrar and other officers of an existing Institute mentioned in column (3) of the

Schedule, in any law for the time being in force, or in any instrument or other document,

shall be construed as a reference to the Director, Registrar and other officers of the

corresponding Institute mentioned in column (5) of the Schedule;

(e) every person pursuing, before the commencement of this Act, any academic

or research course in every existing Institute mentioned in column (3) of the Schedule,

shall be deemed to have migrated and registered with the corresponding Institute

mentioned in column (5) of the Schedule, on such commencement at the same level of

course in the Institute from which such person migrated;

(f) all suits and other legal proceedings instituted or which could have been

instituted by or against an existing Institute, mentioned in column (3) of the Schedule,

immediately before the commencement of this Act shall be continued or instituted by

or against the corresponding Institute mentioned in column (5) of the Schedule.

6. Each Institute shall have the following objects, namely:—

(a) to emerge amongst the foremost institutions in information technology and

allied fields of knowledge;

(b) to advance new knowledge and innovation in information technology and

allied fields to empower the nation to the forefront in the global context;

and entrepreneurship with the social and environmental orientation to meet the

knowledge needs of the country and provide global leadership in information

technology and allied fields;

(d) to promote and provide transparency of highest order in matters of admission,

appointments to various positions, academic evaluation, administration and finance.

7. (1) Subject to the provisions of this Act, every Institute shall exercise the following

powers and perform the following functions, namely:—

(a) to provide instruction in such fields of knowledge concerning information

technology and allied areas as such Institute may think fit, for the advancement of

learning and dissemination of knowledge;

(b) to lead, organise and conduct research and innovation in information

technology and allied fields of knowledge in such manner as the Institute may think fit,

including in collaboration or in association with any other Institute, educational

institution, research organisation or body corporate;

distinctions or titles; and to confer honorary degrees;

(d) to institute teaching, research or other academic positions, required by the

Institute with such designations as it may deem fit, and to appoint persons on tenure,

term or otherwise to such positions, other than the post of Director in accordance with

the policy laid down by the Council;

Objects of

Institute.

Powers and

functions of

Institute.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(e) to appoint persons working in any other Institute or educational institution

or involved in research of significance in any industry as adjunct, guest or visiting

faculty of the Institute on such terms and for such duration as the Institute may

decide;

(f) to create administrative and other posts and to make appointments thereto in

accordance with the policy laid down by the Council;

(g) to make provision for dissemination of knowledge emerging from research

and for that purpose to enter into such arrangements, including consultancy and

advisory services, with other institutions, industry, civil society or other organisations,

as the Institute may deem necessary;

(h) to create a website, highlight all information not restricted to those related to

students, admission, fee, administrative structure, policies including recruitment rules,

faculty and non-faculty posts, annual reports and financial details including statement

of account of the Institute;

(i) to determine, specify and receive payment of the charges, as the Institute may

deem fit, from person, institution or body corporate for services, including training,

consultancy and advisory services, provided by the Institute;

(j) 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:

Provided that where the land for the Institute has been provided free of cost by

a State Government, such land may be disposed of only with the prior approval of such

State Government;

(k) to receive gifts, grants, donations or benefactions from the Government and

to receive bequests, donations and transfers of movable or immovable properties from

testators, donors or transferors, as the case may be;

(l) to co-operate 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;

(m) to establish and maintain such infrastructure as may be necessary, incidental

or conducive to the attainment of the objects of the Institute;

(n) to institute and award fellowships, scholarships, exhibitions, prizes and medals;

(o) to strive to meet the technological needs of the States and the Union territories

by supporting technical educational institutions; and

(p) 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 clause ( j), an Institute shall not dispose of

in any manner any immovable property, without the prior approval of the Visitor.

8. (1) Every Institute shall be open to all persons irrespective of gender, caste, creed,

disability, domicile, ethnicity, social or economic background.

(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) Admissions to every 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:

Institute to be

open to all

races, creeds

and classes.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

Provided that every such Institute shall be a Central Educational Institution for the

purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006.

9. All teaching at each of the Institute shall be conducted by or in the name of the

Institute in accordance with the Statutes and Ordinances made in this behalf.

10. Each Institute shall be a not-for-profit legal entity and no part of the surplus, if any,

in revenue of such Institute, after meeting all expenditure in regard to its operations under

this Act, shall be invested for any purpose other than for the growth and development of

such Institute or for conducting research therein.

11. (1) The President of India shall be the Visitor of every Institute.

(2) The Visitor may appoint one or more persons to review the work and progress of

any Institute and to hold inquiries into the affairs thereof and to report thereon in such

manner as the Visitor may direct.

(3) Upon receipt of any such report, the Visitor may take such action and issue such

directions as he considers necessary in respect of any of the matters dealt with in the

report and the Institute shall be bound to comply with such directions within a reasonable

time.

CHAPTER III

AUTHORITIES OF CENTRALLY FUNDED INDIAN INSTITUTE OF INFORMATION TECHNOLOGY

12. The following shall be the authorities of an Institute, namely:—

(a) Board of Governors;

(b) Senate;

(d) Building and Works Committee;

(e) Research Council;

(f) such other authorities as may be declared by the Statutes to be the authorities

of the Institute.

13. (1) The Board of Governors of each Institute shall be the principal executive body

of that Institute.

(2) The Board of Governors of each Institute shall consist of the following members,

namely:—

(a) a Chairperson, an eminent technologist or industrialist or educationist to be

nominated by the Visitor from a panel of three names recommended by the

Central Government;

(b) Secretary incharge of Information Technology or Higher Education in the

State in which the Institute is located, ex officio;

India dealing with Indian Institute of Information Technology, ex officio;

(d) one representative of the Ministry of Communication and Information

Technology, Government of India, ex officio;

(e) Director of Indian Institute of Technology to be nominated by the Central

Government;

(f) Director of Indian Institute of Management to be nominated by the Central

Government;

5 of 2007.

Teaching at

Institute.

Visitor.

Authorities

of Institute.

Board of

Governors.

Institute to

be a distinct

legal entity

not-for-

profit.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(g) four persons having special knowledge or practical experience in respect of

information technology or engineering or science or allied areas to be nominated by

the Council;

(h) two Professors of the Institute nominated by the Senate;

(i) Director of the Institute, ex officio;

(j) the Registrar, ex officio Secretary.

14. (1) Save as otherwise provided in this section, the term of office of member of the

Board, other than the ex officio member, shall be three years from the date of nomination.

(2) The term of office of an ex officio member shall continue so long as he holds the

office by virtue of which he is a member.

(3) The term of office of a member nominated under clause (h) of sub-section (2) of

section 13 shall be two years from the date of nomination.

(4) A member of the Board, other than an ex officio member, who fails to attend three

consecutive meetings of the Board, shall cease to a member of the Board.

(5) Notwithstanding anything contained in this section, an outgoing member shall,

unless the Council directs, continue in office until another person is nominated as a member

in his place.

(6) Members of the Board shall be entitled to such allowances, as may be specified in

the Statutes, for attending meetings of the Board or as may be convened by the Institute.

15. (1) Subject to the provisions of this Act, the Board of every Institute shall be

responsible for the general superintendence, direction and control of the affairs of the Institute

and shall have the power to frame, amend, modify or rescind the Statutes and Ordinances

governing the affairs of the Institute to achieve the objects specified in section 6.

(2) Without prejudice to the provisions of sub-section (1), the Board shall have the

following powers, namely:—

(a) to take decisions on questions of policy relating to the administration and

working of the Institute;

(b) to establish departments, faculties or schools of studies and initiate

programmes or courses of study at the Institute;

(d) to examine and approve the plan for development of such Institute and to

identify sources of finance for implementation of the plan;

(e) to create teaching and other academic posts, to determine, by Statutes, the

number and emoluments of such posts and to define the duties and conditions of

service of teachers and other academic staff:

Provided that the Board shall not take action otherwise than on consideration of

the recommendations of the Senate;

(f) to provide, by Statutes, the qualifications, criteria and processes for

appointment to teaching and other posts in such Institute;

(g) to fix fees, by the Statutes and other charges to be demanded for pursuit of

studies in the Institute;

(h) to make Statutes governing the administration, management and operations

of such Institute; and

(i) to exercise such other powers and perform such other duties as may be

conferred or imposed upon it by this Act or Statutes.

Term of

office of,

vacancies

among, and

allowances

payable to,

members of

Board.

Powers and

functions of

Board of

Governors.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(3) The Board shall have the power to appoint such committees, as it considers

necessary for the exercise of its powers and the performance of its duties under this Act.

(4) The Board shall conduct an annual review of the performance of the Director with

specific reference to his leadership in the context of the achievement of the objects of the

Institute.

(5) Where in the opinion of the Director or the Chairperson, the situation is so emergent

that an immediate decision needs to be taken in the interest of the Institute, the Chairperson,

in consultation with the Director may issue such orders as may be necessary, recording the

grounds for his opinion:

Provided that such orders shall be submitted for ratification of the Board in the next

meeting.

16. (1) The Senate of each Institute shall consist of the following persons, namely:—

(a) Director of the Institute, ex officio Chairperson;

(b) Deputy Director, ex officio;

(d) Heads of the Departments of the Institute, ex officio;

(e) all Professors other than the Deans or Heads of the Departments;

(f) three persons from amongst educationists of repute or persons from another

field related to the activities of the Institute who are not in service of the Institute,

nominated by the Board of Governors;

(g) three persons who are not members of teaching staff co-opted by the Senate

for their specialised knowledge;

(h) Registrar of the Institute, ex officio Secretary.

(2) The term of office of members other than ex officio member shall be two years from

the date of nomination.

(3) The term of office of an ex officio member shall continue so long as he holds the

office by virtue of which he is a member.

17. (1) Subject to the provisions of this Act, the Senate shall be the principal academic

body of the Institute and shall have the power to enact, amend, modify Ordinances, governing

academic matters and the affairs and well-being of students in the Institute.

(2) Without prejudice to the provisions of sub-section (1), the Senate shall have the

following powers, namely:—

(a) to specify the criteria and process for admission to courses or programmes of

study offered by the Institute;

(b) to recommend to the Board creation of teaching and other academic posts,

determination of the number and emoluments of such posts and defining the duties

and conditions of service of teachers and other academic posts;

courses of study;

(d) to specify the broad academic content of programmes and courses of study

and undertake modifications therein;

(e) to specify the academic calendar and approve grant of degrees, diplomas and

other academic distinctions or titles;

(f) to appoint examiners, moderators, tabulators and such other personnel for

different examinations;

Senate.

Powers and

functions of

Senate.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(g) to recognise diplomas and degrees or Universities and other Institutes and

to determine equivalence with the diplomas and degrees of the Institute;

(h) to suggest measures for departmental co-ordination;

(i) to make major recommendations to the Board of Governors on—

(a) measures for improvement of standard of teaching, training and

research;

(b) institution of chairs, fellowships, scholarships, studentships, free-ships,

medals and prizes and other related matters;

(d) bye-laws covering the academic functioning of the institute, discipline,

residence, admissions, examinations, award of fellowships and studentships,

free-ships concessions, attendance and other related matters;

(j) to appoint sub-committees to advise on such specific matters as may be

referred to by the Board of Governors or by itself;

(k) to consider the recommendations of the sub-committees and to take such

action including making of recommendations to the Board of Governors as may be

required;

(l) to take periodical review of the activities of the Departments or Centres and to

take appropriate action including making of recommendations to the Board of Governors

with a view to maintain and improve the standards of instructions, in the institutions;

and

(m) to exercise such other powers and discharge such other functions as may be

assigned to it, by Statutes or otherwise, by the Board.

18 (1)The Finance Committee of each Institute shall consist of the following persons,

namely:—

(a) the Chairperson, Board of Governors ex officio who shall be the Chairperson

of the Committee;

(b) one representative of the Government of India, Ministry of Human Resource

Development, Department of Higher Education handling the matters relating to Indian

Institute of Information Technology, ex officio;

Development, Department of Higher Education handling the matters relating to finance,

ex officio;

(d) two persons nominated by the Board;

(e) the Director, ex officio;

(f) the Officer incharge of Finance and Accounts of the Institute ex officio

Secretary.

(2) The members of the Finance Committee other than ex officio members shall hold

office for a term of three years.

19. The Finance Committee shall examine the accounts, scrutinise proposals for

expenditure and financial estimates of the Institute and thereafter submit it to the Board of

Governors together with its comments for approval.

20. The Building and Works Committee of each Institute shall consist of the following

persons, namely:—

(a) the Director, ex officio, who shall be the Chairperson of the Committee;

Finance

Committee.

Powers and

functions of

Finance

Committee.

Building and

Works

Committee.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) one person nominated by Indian Institute of Technology located in the State

in which the Institute is situated;

(d) Dean, Planning and Development;

(e) a civil engineer not below the rank of superintending engineer in the

Government or Government Agency nominated by the Board;

(f) an electrical engineer not below the rank of superintending engineer in the

Government or Government Agency nominated by the Board;

(g) the officer incharge of Estate of the Institute ex officio Secretary.

21.The Building and Works Committee shall discharge the following powers and

functions, namely:—

(a) it shall be the responsibility of the Committee for construction of all major

capital works after securing from the Board the necessary administrative approval and

financial sanction;

(b) it shall have the power to give the necessary administrative approval and

financial sanction for all construction work and work pertaining to maintenance and

repairs, within the grant place at the disposal of the Institute for the purpose;

work, minor works, repair, maintenance and the like;

(d) it shall be responsible for making technical scrutiny of each work as may be

considered necessary by it;

(e) it shall be responsible for enlistment of suitable contractors and acceptance

of tenders and shall have the power to give direction for departmental works where

necessary.

22. (1) Each Institute shall establish a Research Council comprising of the Director and

such other members as may be specified, by Statutes, by the Board.

(2) The Research Council of each Institute shall—

(a) interface with research funding organisations, industry and civil society to

identify potential areas for research;

(b) to organise and promote research in such Institute or in collaboration with

any institution of higher learning or research laboratories;

prepared by them;

(d) provide, out of the funds placed at its disposal by the Board, research resources

and grant assistance for research projects proposed to be undertaken by teachers in

such Institute;

(e) provide for incubation of technology applications emerging from research

and to protect and utilise the intellectual property obtained from research in the

Institutes;

(f) make provision for research and advisory services and for that purpose enter

into such arrangements with other institutions, industry, civil society or other

organisations and enable the fruits of research to be disseminated to industry and

society through such arrangements;

(g) exercise such other powers and perform such other duties as may be assigned

to it by Statutes.

Powers and

functions of

Building and

Works

Committee.

Research

Council.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

23. (1) The Chairperson shall ordinarily preside over the meetings of the Board, Finance

Committee and at the convocations of the Institute.

(2) It shall be the duty of the Chairperson to ensure that the decisions taken by the

Board are implemented.

(3) The Chairperson shall exercise such other powers and perform such other duties as

may be assigned to him by this Act or the Statutes.

24. (1) The Director of a Institute shall be appointed by the Central Government from

a panel of names recommended in order of merit by a search-cum-selection committee with

prior approval of the Visitor.

(2) The search-cum-selection committee shall consist of the following, namely:—

(a) an eminent person to be nominated by the Minister in charge of Human

Resource Development in the Government of India as Chairperson of the Committee;

(b) the Chairperson, Board of Governors of the concerned Indian Institutes of

Information Technology – Member, ex officio;

ex officio;

(d) Director of a Indian Institutes of Information Technology to be nominated by

Minister incharge of Human Resource Development – Member, ex officio;

(e) a person of eminence in the field of information technology to be nominated

by Minister incharge of Human Resource Development;

(f) Head of Bureau, Ministry of Human Resource Development dealing with

Indian Institutes of Information Technology – non-member Secretary, ex officio.

(3) The Director shall be appointed on such terms and conditions of service as may be

provided by the Statutes.

(4) The Director shall be the principal academic and executive officer of the Institute

and shall be responsible for the implementation of the decisions of the Board and Senate and

day-to-day administration of the Institute.

(5) The Director shall exercise such other powers and perform such other duties as

may be assigned to him by this Act or the Statutes or delegated by the Board or the Senate

or the Ordinances.

(6) The Director shall submit annual reports and audited accounts to the Board.

(7) The Director may during his absence from the headquarters, authorise the Deputy

Director or one of the Deans or the senior most Professor present, to sanction advances for

travelling allowances, contigencies and medical treatment of the staff and sign and countersign

bills on his behalf and authorise to the Deputy Director or one of the Dean or the senior most

Professor present, by him in writing.

25. (1) The Registrar of every Institute shall be appointed on such terms and conditions

as may be laid down by the Statutes and shall be the custodian of records, the common seal,

the funds of the Institute and such other property of the Institute as the Board shall commit

to his charge.

(2) The Registrar shall act as the Secretary of the Board, Senate and such committees

as may be prescribed by the Statutes.

(3) The Registrar shall be responsible to the Director for the proper discharge of his

functions.

(4) The Registrar shall exercise such other powers and perform such other duties as

may be assigned to him by this Act or the Statutes or by the Director.

Meetings.

Director.

Registrar.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

26. (1) The Board may, by Statutes, declare such other posts as authorities of the

Institute and specify the duties and function of each such authority.

(2) The Board may constitute such authorities as it may deem fit for proper management

of affairs of the Institute.

27. (1) Each Institute shall, within five years from the establishment and incorporation

of Institute under this Act and thereafter at the expiration of every fifth year, constitute, with

the prior approval of the Central Government, a Committee to evaluate and review the

performance of the Institute in achievement of its objects in the said period.

(2) The Committee under sub-section (1) shall consist of members of acknowledged

repute in academia or industry, drawn from such fields of knowledge as may have relevance

to teaching, learning and research in such Institute.

(3) The Committee shall assess the performance of Institute and make recommendations

on—

(a) the extent of fulfilment of the objects of the Institute referred to in section 6,

as demonstrated by the state of teaching, learning and research and its contribution to

society;

(b) the promotion of transformational research and its impact on industry and

society;

knowledge;

(d) the establishment of the Institute as amongst the global leaders in the area of

information technology;

(e) such other matters as the Board may specify.

(4) The Board shall consider the recommendations referred to in sub-section (3) and

take such action on it as it may deem fit:

Provided that the recommendations of the Committee along with an explanatory

memorandum on the action taken or proposed to be taken, specifying the reasons thereof,

shall be submitted to the Central Government.

CHAPTER IV

ACCOUNTS AND AUDIT

28. (1) For the purposes of enabling the Institutes to discharge their functions efficiently

under this Act, the Central Government may, after due appropriation made by Parliament by

law in this behalf, pay to each Institute in every financial year such sums of money in such

manner as it may think fit.

(2) The Central Government shall provide to each Institute, grants of such sums of

money as are required to meet the expenditure on scholarships or fellowships instituted by

it, including scholarships or fellowships for students from socially and educationally backward

classes of citizens enrolled in such Institute.

29. (1) Every Institute shall maintain a fund to which shall be credited —

(a) all monies provided by the Central Government or State Government, as the

case may be;

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

benefactions, bequests or transfers;

Review of

performance

of Institute.

Grants by

Central

Government.

Fund of

Institute.

Other

authorities

and officers.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(d) all monies received by the Institute from utilisation of intellectual property

arising from research conducted or provision of advisory or consultancy services by

it; and

(e) all monies received by the Institute in any other manner or from any other

source.

(2) The fund of every Institute 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, furtherance of research in the Institute or in collaboration with other educational

institutions or industry and for capital investment aimed at the growth and development of

the Institute.

30. (1) Every Institute shall maintain proper accounts and other relevant records and

prepare annual statement of accounts including the balance sheet in such form and accounting

standard as may be specified by notification, by the Central Government in consultation with

the Comptroller and Auditor-General of India.

(2) Where the statement of income and expenditure and the balance sheet of the

Institute do not comply with the accounting standards, the Institute shall disclose in its

statement of income and expenditure and balance sheet, the following, namely:—

(a) the deviation from the accounting standards;

(b) the reasons for such deviation; and

(3) The accounts of every Institute shall be audited by the Comptroller and Auditor-

General of India and any expenditure incurred by audit team in connection with such audit

shall be payable by the Institute to the Comptroller and Auditor-General of India.

(4) The Comptroller and Auditor-General of India and any person appointed by him in

connection with the audit of the accounts of any Institute shall have the same rights, privileges

and authority in connection with such audit as the Comptroller and Auditor-General of India

has in connection with the audit of the Government accounts and, in particular shall have the

rights to demand the production of books, accounts, connected vouchers and other

documents and papers and to inspect the offices of the Institute.

(5) The accounts of every 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 in accordance with such procedure

as may be laid down by the Central Government.

31. (1) Every Institute may constitute for the benefit of its employees such provident

or pension fund or provide such insurance scheme as it may deem fit in such manner and

subject to such conditions as may be prescribed by the Statutes.

(2) Where such provident fund or pension fund has been so constituted, the Central

Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to

such fund, as if it were a Government Provident Fund.

32. All appointments of the staff of every Institute, except that of the Director, shall be

made in accordance with the procedure laid down in the Statutes, by–

(a) the Board, if the appointment is made on the academic staff in the post of

Assistant Professor or if the appointment is made on the non-academic staff in every

cadre the maximum of the pay scale for which exceeds prevalent grade pay scale for

Group A Officers;

(b) the Director, in any other case.

Accounts and

audit.

Pension and

provident

fund.

19 of 1925.

Appointments.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

33. 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 degree;

(b) the formation of departments of teaching;

to the examinations of degrees and diplomas of the Institute;

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

(e) the terms 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 allowances to be paid to the Chairperson and members of the Board;

(m) the authentication of the orders and decisions of the Board; and

(n) 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.

34. (1) The first Statutes of each Institute shall be made by the Board with the prior

approval of the Visitor and a copy of the same shall be laid as soon as may be before each

House of Parliament.

(2) The Board may, from time to time, make new or additional Statutes or may amend or

repeal the Statutes in the manner provided in this section.

(3) Every new Statutes or addition to the Statutes or any amendment or repeal of

Statutes shall require the prior approval of the Visitor who may grant assent or withhold

assent or remit it to the Board for consideration.

(4) New Statutes or a Statute amending or repealing an existing Statute shall have no

validity unless it has been assented to by the Visitor:

Provided that the Central Government with the prior approval of the Visitor may make

or amend the Statutes for the Institute, if the same is required for uniformity, and a copy of the

same shall be laid as soon as may be before each House of the Parliament.

35. Subject to the provisions of this Act and the Statutes, the Ordinances of every

Institute may provide for all or any of the following matters, namely:—

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

(b) the courses of study to be laid down for all degrees and diplomas of the

Institute;

diploma courses and to the examinations of the Institute, and shall be eligible for

degrees and diplomas;

(d) the conditions of award of the fellowships, scholarships, exhibitions, medals

and prizes;

(e) the conditions and mode of appointment and duties of examining bodies,

examiners and moderators;

Statutes.

Statutes how

to be made.

Ordinances.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(f) the conduct of examinations;

(g) the maintenance of discipline among the students of the Institute; and

(h) any other matter which by this Act or the Statutes is to be or may be provided

for by the Ordinances.

36. (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 Board and shall

be considered by the Board at its next meeting.

(3) The Board 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.

37. (1) (a) Any dispute arising out of a contract between a 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.

(b) The decision of the Tribunal shall be final and shall not be questioned in any

court.

required by sub-section (1) to be referred to the Tribunal of Arbitration.

(d) The Tribunal of Arbitration shall have power to regulate its own procedure:

Provided that the Tribunal shall have regard to the principles of natural justice

while making such procedure.

(e) Nothing in any law for the time being in force relating to arbitration shall

apply to arbitrations under this section.

(2) Any student or candidate for an examination whose name has been removed from

the rolls of the Institute by the orders or resolution of the Director of the Institute and who

has been debarred from the appearing at the examinations of the Institute for more than one

year, may within ten days of the date of receipt of such resolution by him, appeal to the Board

of Governors who may confirm, modify or reverse the decision of the Director.

(3) Any dispute arising out of any disciplinary action taken by the Institute against a

student shall, at the request of such student, be referred to a Tribunal of Arbitration and the

provisions of sub-section (1) shall, as far as may be, apply to a reference made under this

sub-section.

(4) Every employee or student of the Institute, notwithstanding anything contained in

this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the

Board of Governors against the decision of any officer or authority of the Institute as the

case may be and thereupon the Board of Governors may confirm, modify or reverse the

decision appealed against.

38. (1) There shall be attached to every statement of accounts laid before the Board of

each Institute, a report by its Director, with respect to –

(a) the state of affairs of such Institute;

(b) the amounts, if any, which it proposes to carry to any surplus reserves in its

balance sheet;

over expenditure or any shortfall of expenditure over income has been indicated in the

auditor’s report and the reasons for such understatement or overstatement;

Ordinances

how to be

made.

Tribunal of

Arbitration.

Annual report

of Director.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) the productivity of research projects undertaken by the Institute measured in

accordance with such norms as may be specified by any statutory regulatory authority;

(e) appointments of the officers and teachers of the Institute;

(f) benchmark and internal standards set by the Institute, including the nature of

innovations in teaching, research and application of knowledge.

(2) The Director shall also be bound to give the complete information and explanations

in its report aforesaid on every reservation, qualification or adverse remark contained in the

auditors’ report.

39. (1) The annual report of each Institute shall be prepared under the direction of the

Board, which shall include, among other matters, the steps taken by the Institute towards the

fulfilment of its objects and an outcome based assessment of the research being undertaken

in such Institute, and be submitted to the Board on or before such date as may be specified

and the Board shall consider the report in its annual meeting.

(2) The annual report on its approval by the Board shall be published on the website

of the Institute.

(3) The annual report of each Institute shall be submitted to the Central Government

who shall, as soon as may be, cause the same to be laid before both Houses of Parliament.

CHAPTER V

THE COUNCIL

40. (1) In order that there may be better coordination between the Institutes, the

Central Government may, by notification in the Official Gazette, establish, with effect from

such date as may be specified in the notification, there shall be established for all the

Institutes specified in column (5) of the Schedule, a central body to be called the Council.

(2) The Council shall consist of the following, namely:—

(i) the Minister of the Central Government in charge of technical education, who

shall be the Chairperson of the Council, ex officio;

(ii) two members of Parliament of India (one member to be nominated by Speaker

of Lok Sabha and one member to be nominated by Chairperson of Rajya Sabha),

ex officio;

(iii) Secretary, Government of India, Ministry of Human Resource Development,

Department of Higher Education;

(iv) the Chairpersons of each of the Institutes, ex officio;

(v) the Directors of each of the Institutes, ex officio;

(vi) the Director-General, Council of Scientific and Industrial Research, ex officio;

(vii) three persons to be nominated by the Central Government, one each to

represent the Ministry concerned with Finance, Science and Technology and

Information Technology;

(viii) three persons to be nominated by Visitor, who shall be persons having

special knowledge or practical experience in respect of industry, academia, engineering,

alumni and social sciences to be nominated by the Council from a panel comprised of

two names recommended by each Institute;

(ix) one representative of University Grants Commission;

(x) one representative of All India Council of Technical Education; and

(xi) Chairperson, Central Board of Secondary Education.

Annual

report of

each

Institute.

Council of

Institutes.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) An officer of the Department of Higher Education, Government of India, concerned

with technical education shall be nominated by that Government to act as the Secretary of

the Council.

(4) The Council may, at its discretion, constitute a Standing Committee of the Indian

Institute of Information Technology Council to assist the Council in discharge of its duties

and responsibilities.

(5) The expenditure on the Council shall be met by the Central Government.

41. (1) Save as otherwise provided in this section, the term of office of a member of the

Council, other than an ex officio member, shall be for a period of three years from the date of

nomination.

(2) The term of office of an ex officio member shall continue so long as he holds the

office by virtue of which he is a member.

(3) The term of office of a member elected under clause (ii) of sub-section (2) of

section 40 shall expire as soon as he ceases to be a member of the House which elected him.

(4) Notwithstanding anything contained in this section, an outgoing member shall,

unless the Council directs, continue in office until another person is nominated as a member

in his place.

(5) Members of the Council shall be entitled to travelling and such other allowances,

as may be prescribed, for attending meetings of the Council or its Committees thereof.

42. (1) The Council shall work to coordinate the activities of all the Institutes.

(2) Without prejudice to the provisions of sub-section (1), the Council shall perform

the following functions, namely:—

(a) to advise on matters relating to the duration of the courses, the degrees and

other academic distinctions to be conferred by the Institutes, admission standards

and other academic matters;

(b) to lay down policy regarding cadres, methods of recruitment and conditions

of service of employees, institution of scholarships and free-ships, levying of fees and

other matters of common interest;

them as are considered necessary and also to indicate broadly the financial implications

of such approved plans;

(d) to examine the annual budget estimates of each Institute and to recommend

to the Central Government the allocation of funds for that purpose;

(e) to recommend to the Central Government, the institution of scholarships

including research and for the benefit of students belonging to the Scheduled Castes,

the Scheduled Tribes and Other Backward Classes of citizens;

(f) to recommend to the Central Government, proposals for establishment of new

Institutes of Information Technology;

(g) to advise the Visitor, if so required, in respect of any function to be performed

by him under this Act; and

(h) to perform such other functions as may be referred to it by the Central

Government:

Provided that nothing in this section shall derogate the powers and functions vested

by law in the Board or Senate or other authorities of each Institute.

(3) The Chairperson of the Council shall ordinarily preside at the meetings of the

Council and in his or her absence, any other member, chosen by the Members present from

amongst themselves at the meeting, shall preside at the meeting.

Term of

office and

allowances

payable to

members of

Council.

Functions and

duties of

Council.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(4) The Council shall meet once in every year and follow such procedure in its meetings

as may be prescribed.

43. (1) The Central Government may, after previous publication, by notification, make

rules to carry out the purposes of this Chapter.

(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 travelling and other allowances payable to members of the Council under

sub-section (5) of section 41;

(b) the procedure to be followed in the meetings of the Council under

sub-section (4) of section 42.

CHAPTER VI

MISCELLANEOUS

44. No act of the Council, or any Institute, Board 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;

(b) any irregularity in its procedure not affecting the merits of the case;

a member thereof.

45. Every Institute shall furnish to the Central Government such returns or other

information with respect to its 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.

46. The Institute shall carry out such directions as may be issued to it from time to time

by the Central Government for the efficient administration of this Act.

47. The provisions of the Right to Information Act, 2005 shall apply to each Institute,

defined in clause (h) of section 2 of the Right to Information Act, 2005.

48. (1) Notwithstanding anything contained in this Act—

(a) the Board of Governors of an Institute functioning as such immediately

before the commencement of this Act shall continue to so function until a new Board

is constituted for that Institute under this Act, but on the constitution of a new Board

under this Act, the members of the Board holding office before the commencement of

this Act shall cease to hold office;

(b) every Senate constituted in relation to every Institute before the

commencement of this Act shall be deemed to be the Senate constituted under this Act

until a Senate is constituted under this Act for the Institute, but on the constitution of

the new Senate under this Act, the members of the Senate holding office before the

commencement of this Act shall cease to hold office;

Power to

make rules in

respect of

matters in

this Chapter.

Acts and

proceedings

not to be

invalidated by

vacancies, etc.

Returns and

information

to be

provided to

Central

Government.

Power of

Central

Government

to issue

directions.

Institute to be

public

authority

under Right

t o

Information

Act.

Transitional

provisions.

22 of 2005.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Institute as in force, immediately before the commencement of this Act, shall continue

to apply to the corresponding institute in so far as they are not inconsistent with the

provisions of this Act until the first Statutes and the Ordinances are made under this

Act;

(d) any student who joined classes of the existing Institute on or after the

academic year 2007-2008 or completed the course on or after the academic year 2010-

2011 shall for the purpose of clause (c) of sub-section (1) of section 7, be deemed to

have pursued a course of study in the existing Institute located at Kancheepuram only

if such student has not already been awarded degree or diploma for the same course of

study.

(2) The Central Government may, without prejudice to the provisions of sub-section (1),

if it considers necessary and expedient to do so, by notification, take such measures which

may be necessary for the transfer of the existing Institute mentioned in column (3) of the

Schedule to the corresponding Institute mentioned under column (5) of the Schedule.

49. (1) If 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 provisions not

inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient

for removing the difficulty:

Provided that no such order shall be made after the expiry of the period of three years

from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be, after it is made, be laid

before each House of Parliament.

50. Every rule made and every notification issued by the Central Government under

this Act, shall be laid, as soon as may be after it is made or issued, 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 notification or both Houses agree that the rule or

notification should not be made or issued, the rule or notification 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 or notification.

Power to

remove

difficulties.

Laying of

rules and

notification.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

THE SCHEDULE

[See section 4(1)]

SI. Name of the

Name of the existing Institute

Location

Name of the

No. State

Institute under

this Act

(1) (2)

(3)

(4)

(5)

Uttar Pradesh

Indian Institute of Information

Allahabad

Indian Institute of

Technology, Allahabad

Information

Technology,

Allahabad.

Madhya

Indian Institute of Information

Gwalior

Atal Bihari

Pradesh

Technology, Gwalior

Vajpayee Indian

Institute of

Information

Technology, and

Management,

Gwalior.

Madhya

Indian Institute of Information

Jabalpur

Pandit Dwarka

Pradesh

Technology, Design and

Prasad Mishra

Manufacturing

Indian Institute of

Information

Technology,

Design and

Manufacturing,

Jabalpur.

Tamil Nadu

Indian Institute of Information

Kancheepuram

Indian Institute of

Technology, Design and

Information

Manufacturing

Technology,

Design and

Manufacturing,

Kancheepuram.

DR. SANJAY SINGH,

Secretary to the Govt. of India.

PRINTED BY DIRECTORATE OF PRINTING AT GOVERNMENT OF INDIA PRESS, MINTO ROAD,

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2013.

GMGIPMRND—3438GI—11-12-2014.