The Indian Institutes of Information Technology Act, 2014
Administered Ministry: Ministry of Education / Department of Higher Education
Section
Section 41 Term of office and allowances payable to members of Council.
(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 1[nominated] 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 1[nominated] 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.
(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 1[nominated] 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 1[nominated] 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.
1. Subs. by Act 28 of 2020, s. 2, for the word "elected" (w.e.f. 10-10-2020).
Section 42 Function and duties of Council.
(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;
(c) to examine the development plans of each Institute and to approve such of 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.
(4) The Council shall meet once in every year and follow such procedure in its meetings as may be prescribed.
(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;
(c) to examine the development plans of each Institute and to approve such of 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.
(4) The Council shall meet once in every year and follow such procedure in its meetings as may be prescribed.
Section 43 Power to make rules in respect of matters in this Chapter. 1 docs
(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.
(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.
Section 44 Acts and proceedings not to be invalidated by vacancies, etc.
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;
(c) any defect in the selection, nomination or appointment of a person acting as a member thereof.
(a) any vacancy in or defect in the constitution thereof;
(b) any irregularity in its procedure not affecting the merits of the case;
(c) any defect in the selection, nomination or appointment of a person acting as a member thereof.
Section 45 Returns and information to be provided to Central Government.
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.
Section 46 Power of Central Government to issue directions.
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.
Section 47 Institute to be public authority under Right to Information Act.
The provisions of the Right to Information Act, 2005 (22 of 2005) shall apply to each Institute, defined in clause (h) of section 2 of the Right to Information Act, 2005.
Section 48 Transitional provisions.
(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;
(c) the Statutes, Ordinances, rules, regulations and bye-laws of each existing 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.
(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;
(c) the Statutes, Ordinances, rules, regulations and bye-laws of each existing 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.
Section 49 Power to remove difficulties.
(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.
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.
Section 50 Laying of rules and notification.
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.