The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017
Administered Ministry: Ministry of Education / Department of Higher Education
Section
Section 1 Short title and commencement.
(1) This Act may be called the Indian Institutes of Information Technology (Public-private Partnership) Act, 2017.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1. 6th September, 2017 vide notification No. S.O. 2928(E) dated the 6 September, 2017, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 2 Declaration of certain institutions as institutions of national importance.
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.
Section 3 Definitions.
In this Act, unless the context otherwise requires,---
(a) "appointed day" means the date of establishment of the Institutes established under sub-section (2) of section 4;
(b) "Board" , in relation to any Institute, means the Board of Governors referred to in sub-section (1) of section 14;
(c) "Chairperson" means the Chairperson of the Board appointed under sub-section (2) of section 14;
(d) "Co-ordination Forum" means the Co-ordination Forum established under sub-section (1) of section 38;
(e) "Director" means the Director of the Institute;
(f) "existing Institute" means the Institute mentioned in column (3) of the Schedule;
(g) "industry partner" means an individual, or a trust established under the Indian Trusts Act, 1882, (2 of 1882) or a company established under the Companies Act, 2013 (18 of 2013) or society formed and registered under the Societies Registration Act, 1860 (21 of 1860) or a financial institution or a combination of one or more of such industry partners;
(h) "Institute" means any of the institutions mentioned in column (5) of the Schedule and such other Institutes established under section 11;
(i) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "public-private partnership" means such partnership under a scheme of the Central Government which provides for establishment of Institute involving collaboration between the Central Government, the State Government and industry partners;
(l) "Schedule" means the Schedule to this Act;
(m) "Senate", in relation to any Institute, means the Senate thereof;
(n) "Statutes" and "Ordinances", in relation to any Institute, mean the Statutes and Ordinances of the Institute made under this Act.
(a) "appointed day" means the date of establishment of the Institutes established under sub-section (2) of section 4;
(b) "Board" , in relation to any Institute, means the Board of Governors referred to in sub-section (1) of section 14;
(c) "Chairperson" means the Chairperson of the Board appointed under sub-section (2) of section 14;
(d) "Co-ordination Forum" means the Co-ordination Forum established under sub-section (1) of section 38;
(e) "Director" means the Director of the Institute;
(f) "existing Institute" means the Institute mentioned in column (3) of the Schedule;
(g) "industry partner" means an individual, or a trust established under the Indian Trusts Act, 1882, (2 of 1882) or a company established under the Companies Act, 2013 (18 of 2013) or society formed and registered under the Societies Registration Act, 1860 (21 of 1860) or a financial institution or a combination of one or more of such industry partners;
(h) "Institute" means any of the institutions mentioned in column (5) of the Schedule and such other Institutes established under section 11;
(i) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "public-private partnership" means such partnership under a scheme of the Central Government which provides for establishment of Institute involving collaboration between the Central Government, the State Government and industry partners;
(l) "Schedule" means the Schedule to this Act;
(m) "Senate", in relation to any Institute, means the Senate thereof;
(n) "Statutes" and "Ordinances", in relation to any Institute, mean the Statutes and Ordinances of the Institute made under this Act.
Section 4 Incorporation of Institutes.
(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) On and from the appointed day, any other Institute of Information Technology as may be established under section 11 shall be a body corporate by such name as the Central Government may, by notification, specify.
(3) Every existing Institute or any Institute established under sub-section (2) 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 its name, sue or be sued.
(2) On and from the appointed day, any other Institute of Information Technology as may be established under section 11 shall be a body corporate by such name as the Central Government may, by notification, specify.
(3) Every existing Institute or any Institute established under sub-section (2) 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 its name, sue or be sued.
Section 5 Effect of incorporation of Institutes.
On and from the date of commencement of this Act,---
(a) any reference to any existing Institute in any contract or other instrument shall be deemed to be reference to the corresponding Institute mentioned in column (5) of the Schedule;
(b) all properties, movable and immovable, belonging to every existing Institute shall vest in the corresponding Institute mentioned in column (5) of the Schedule;
(c) all rights, debts and other liabilities of every existing Institute 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 any existing Institute, 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 continue to do so unless and until his employment is terminated or until such tenure, remuneration and the 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 the case of permanent employees and one month's remuneration in case of other employees:
Provided further that any reference, by whatever form of words, to the Director, Registrar and other officers of any existing Institute, in any law for the time being in force, or in any instrument or other document, shall be deemed to be 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 any existing Institute, 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, 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.
(a) any reference to any existing Institute in any contract or other instrument shall be deemed to be reference to the corresponding Institute mentioned in column (5) of the Schedule;
(b) all properties, movable and immovable, belonging to every existing Institute shall vest in the corresponding Institute mentioned in column (5) of the Schedule;
(c) all rights, debts and other liabilities of every existing Institute 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 any existing Institute, 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 continue to do so unless and until his employment is terminated or until such tenure, remuneration and the 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 the case of permanent employees and one month's remuneration in case of other employees:
Provided further that any reference, by whatever form of words, to the Director, Registrar and other officers of any existing Institute, in any law for the time being in force, or in any instrument or other document, shall be deemed to be 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 any existing Institute, 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, 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.
Section 6 Objects of Institute.
Every Institute shall have the following objectives, namely:—
(a) to emerge amongst the foremost institutions in information technology and allied fields of knowledge in the global context;
(b) to advance new knowledge and innovation in information technology and allied fields to empower the nation to the forefront in the global context;
(c) to develop competent and capable youth imbued with the spirit of innovation 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, appointment to various positions, academic evaluation, administration and finance.
(a) to emerge amongst the foremost institutions in information technology and allied fields of knowledge in the global context;
(b) to advance new knowledge and innovation in information technology and allied fields to empower the nation to the forefront in the global context;
(c) to develop competent and capable youth imbued with the spirit of innovation 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, appointment to various positions, academic evaluation, administration and finance.
Section 7 Powers and functions of Institute.
(1) Subject to the provisions of this Act, every Institute shall exercise the following powers and perform the following functions, namely:—
(a) to provide instructions in such fields of knowledge relating to information technology and allied areas as the Institute may deem 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 deem fit, including in collaboration or in association with any other Institute, educational institution, research organisation, body corporate or financial organisations at national or global level;
(c) to hold examinations and grant degrees, diplomas and other academic distinctions or titles and to confer honorary degrees;
(d) to create academic, administrative, technical, ministerial and other posts under the Institute other than the post of Director of the Institute and to make appointments thereto;
(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 on the basis of criteria as may be decided by the Board;
(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 fees and other charges, as the Institute may deem fit, from students and any other person, institution or body corporate for instructions and other 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 advancement of the objectives of the Institute:
Provided that no land or other immovable property shall be disposed of by the Institute without the prior approval of the concerned State Government and the Central Government;
(k) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfer 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 objectives of the Institute;
(n) to institute and award fellowships, scholarships, exhibitions, prizes and medals; and
(o) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objectives of the Institute.
(2) Subject to the provisions of this Act, every Institute may take up the following works, namely:—
(a) supporting and collaborating with educational Institutes imparting technical or information technology courses located in the zone or region;
(b) advising the State Governments and Union territory Administrations included in its zone in matters of information technology and other technological issues referred by them to the Institute for advice.
(a) to provide instructions in such fields of knowledge relating to information technology and allied areas as the Institute may deem 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 deem fit, including in collaboration or in association with any other Institute, educational institution, research organisation, body corporate or financial organisations at national or global level;
(c) to hold examinations and grant degrees, diplomas and other academic distinctions or titles and to confer honorary degrees;
(d) to create academic, administrative, technical, ministerial and other posts under the Institute other than the post of Director of the Institute and to make appointments thereto;
(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 on the basis of criteria as may be decided by the Board;
(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 fees and other charges, as the Institute may deem fit, from students and any other person, institution or body corporate for instructions and other 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 advancement of the objectives of the Institute:
Provided that no land or other immovable property shall be disposed of by the Institute without the prior approval of the concerned State Government and the Central Government;
(k) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfer 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 objectives of the Institute;
(n) to institute and award fellowships, scholarships, exhibitions, prizes and medals; and
(o) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objectives of the Institute.
(2) Subject to the provisions of this Act, every Institute may take up the following works, namely:—
(a) supporting and collaborating with educational Institutes imparting technical or information technology courses located in the zone or region;
(b) advising the State Governments and Union territory Administrations included in its zone in matters of information technology and other technological issues referred by them to the Institute for advice.
Section 8 Institutes to be open to all races, creeds and classes.
(1) Every Institute shall be open to all citizens 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 Co-ordination Forum 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:
Provided that every such Institute shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007).
(2) No bequest, donation or transfer of any property shall be accepted by any Institute which in the opinion of the Co-ordination Forum 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:
Provided that every such Institute shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007).
Section 9 Teaching at Institute.
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.
Section 10 Institute to be a distinct legal entity not-for-profit.
(1) Every 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.
(2) Every Institute shall strive to raise funds for creation of a corpus for self-sufficiency, sustainability and future development of the Institute.
(2) Every Institute shall strive to raise funds for creation of a corpus for self-sufficiency, sustainability and future development of the Institute.
Section 11 Establishment of Institute by Central Government, State Government and industry partners.
(1) The State Government shall identify at least one industry partner, and preferably three industry partners, for collaboration and submit a proposal to the Central Government.
(2) The Central Government shall examine the proposal on the basis of such criteria, as may be prescribed, which shall include the following, namely:—
(a) the investment of capital required for establishing the proposed Institute to be borne by the Central Government, the concerned State Government and industry partners in the ratio 50:35:15 and recurring expenditure, as may be considered necessary during the first five years of operation, to be made available by the Central Government:
Provided that the ratio of investment of capital required for establishing the proposed Institute in North Eastern States shall be 57.5:35:7.5;
(b) the expertise and standing of the industry partners proposed in sub-section (1) in the field of information technology;
(c) the assessment of the capability, financial and other resources of industry partners to support the Institute;
(d) the suitability of adequate land, to the extent of fifty to hundred acres, to be provided by the State Government free of cost;
(e) the availability of, or the commitment of the State Government to make available, adequate physical infrastructure namely, water, electricity, road connectivity and security, at the proposed site.
(3) The Central Government may, with the concurrence of the concerned State Government, suggest modifications, if any, to the proposal submitted to it under sub-section (1).
(4) Where a proposal submitted by the State Government under sub-section (1) is not acceptable to the Central Government, the Central Government shall communicate its decision to that State Government, specifying the reasons for such decision.
(5) The Central Government shall, on acceptance of the proposal with modifications, if any, under sub-section (3) , enter into a memorandum of understanding or an agreement with the concerned State Government and the industry partners for the establishment of the proposed Institute.
(6) The industry partner shall—
(a) actively participate in the governance of the Institute within the overall framework;
(b) support and facilitate joint research projects with the Indian Institutes of Information Technology either through funding, collaboration or in any other manner;
(c) depute experienced individuals as adjunct faculty;
(d) encourage, enable, support and mentor students to do research project as a part of their course curriculum, within their enterprise;
(e) accept faculty members of the Indian Institutes of Information Technology on a sabbatical to work for short period with the industry;
(f) co-create programs as per the requirements of the industry with the Institution;
(g) provide internship to students of the Indian Institutes of Information Technology;
(h) facilitate for placement of students from the Indian Institutes of Information Technology;
(i) sponsor their eligible employees for doctorate studies in the Indian Institutes of Information Technology; and
(j) fund and mentor the startups in the Institution.
(7) Every memorandum of understanding or agreement referred to in sub-section (5) shall contain—
(a) the investment proposal of capital in establishment of the Institute and the respective shares as may be prescribed;
(b) the first Statutes of the Institute;
(c) the commitment of the Central Government, the concerned State Government, and the industry partner in ensuring autonomy to the proposed Institute; and
(d) the conditions, if the industry partners pulls out.
(2) The Central Government shall examine the proposal on the basis of such criteria, as may be prescribed, which shall include the following, namely:—
(a) the investment of capital required for establishing the proposed Institute to be borne by the Central Government, the concerned State Government and industry partners in the ratio 50:35:15 and recurring expenditure, as may be considered necessary during the first five years of operation, to be made available by the Central Government:
Provided that the ratio of investment of capital required for establishing the proposed Institute in North Eastern States shall be 57.5:35:7.5;
(b) the expertise and standing of the industry partners proposed in sub-section (1) in the field of information technology;
(c) the assessment of the capability, financial and other resources of industry partners to support the Institute;
(d) the suitability of adequate land, to the extent of fifty to hundred acres, to be provided by the State Government free of cost;
(e) the availability of, or the commitment of the State Government to make available, adequate physical infrastructure namely, water, electricity, road connectivity and security, at the proposed site.
(3) The Central Government may, with the concurrence of the concerned State Government, suggest modifications, if any, to the proposal submitted to it under sub-section (1).
(4) Where a proposal submitted by the State Government under sub-section (1) is not acceptable to the Central Government, the Central Government shall communicate its decision to that State Government, specifying the reasons for such decision.
(5) The Central Government shall, on acceptance of the proposal with modifications, if any, under sub-section (3) , enter into a memorandum of understanding or an agreement with the concerned State Government and the industry partners for the establishment of the proposed Institute.
(6) The industry partner shall—
(a) actively participate in the governance of the Institute within the overall framework;
(b) support and facilitate joint research projects with the Indian Institutes of Information Technology either through funding, collaboration or in any other manner;
(c) depute experienced individuals as adjunct faculty;
(d) encourage, enable, support and mentor students to do research project as a part of their course curriculum, within their enterprise;
(e) accept faculty members of the Indian Institutes of Information Technology on a sabbatical to work for short period with the industry;
(f) co-create programs as per the requirements of the industry with the Institution;
(g) provide internship to students of the Indian Institutes of Information Technology;
(h) facilitate for placement of students from the Indian Institutes of Information Technology;
(i) sponsor their eligible employees for doctorate studies in the Indian Institutes of Information Technology; and
(j) fund and mentor the startups in the Institution.
(7) Every memorandum of understanding or agreement referred to in sub-section (5) shall contain—
(a) the investment proposal of capital in establishment of the Institute and the respective shares as may be prescribed;
(b) the first Statutes of the Institute;
(c) the commitment of the Central Government, the concerned State Government, and the industry partner in ensuring autonomy to the proposed Institute; and
(d) the conditions, if the industry partners pulls out.
Section 12 Visitor.
(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 within the report and the Institute shall be bound to comply with such directions within a reasonable time.
(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 within the report and the Institute shall be bound to comply with such directions within a reasonable time.
Section 13 Authorities of Institute.
The following shall be the authorities of an Institute, namely:—
(a) Visitor;
(b) Board of Governors;
(c) Senate;
(d) Finance Committee;
(e) such other authorities or posts as may be declared by the Statutes to be the authorities of the Institute.
(a) Visitor;
(b) Board of Governors;
(c) Senate;
(d) Finance Committee;
(e) such other authorities or posts as may be declared by the Statutes to be the authorities of the Institute.
Section 14 Board of Governors.
(1) The Board of Governors of each Institute shall be the principal policy making and executive body of the Institute.
(2) The Board shall consist of the following members, namely:—
(a) Chairperson, an eminent technologist or industrialist or educationist to be nominated by the Visitor on the recommendation of the Central Government;
(b) one nominee each of the Central Government and the concerned State Government;
(c) three eminent persons, of which at least one shall be a woman, appointed by the Board out of industry, research laboratories, and civil society, one from each category;
(d) two eminent academicians appointed by the Board;
(e) one nominee representing each of the industry partners:
Provided that if there are more than two industry partners then the number of representatives of industry partners at any time would be limited to two, chosen amongst themselves by rotation every two years;
(f) Director of an Indian Institute of Technology or a National Institute of Technology located in the region, to be nominated by the Board;
(g) two members from the faculty of the Institute, preferably one Professor and one Associate/Assistant Professor, to be nominated by the Senate;
(h) one person from the Scheduled Castes or the Scheduled Tribes distinguished in the field of education or industry or social service or public service, to be nominated by the Board, in case any of the above do not belong to the Scheduled Castes or the Scheduled Tribes; and
(i) Director of the Institute, ex officio.
(3) Registrar of the concerned Institute shall be the ex officio non-member Secretary of the Board.
(4) The First Board of Governors shall be notified by the Central Government by obtaining nominations under sub-section (2), other than the members referred to in clauses (c), (d), (f) and (h), which shall be decided in the first meeting of the Board of Governors.
(2) The Board shall consist of the following members, namely:—
(a) Chairperson, an eminent technologist or industrialist or educationist to be nominated by the Visitor on the recommendation of the Central Government;
(b) one nominee each of the Central Government and the concerned State Government;
(c) three eminent persons, of which at least one shall be a woman, appointed by the Board out of industry, research laboratories, and civil society, one from each category;
(d) two eminent academicians appointed by the Board;
(e) one nominee representing each of the industry partners:
Provided that if there are more than two industry partners then the number of representatives of industry partners at any time would be limited to two, chosen amongst themselves by rotation every two years;
(f) Director of an Indian Institute of Technology or a National Institute of Technology located in the region, to be nominated by the Board;
(g) two members from the faculty of the Institute, preferably one Professor and one Associate/Assistant Professor, to be nominated by the Senate;
(h) one person from the Scheduled Castes or the Scheduled Tribes distinguished in the field of education or industry or social service or public service, to be nominated by the Board, in case any of the above do not belong to the Scheduled Castes or the Scheduled Tribes; and
(i) Director of the Institute, ex officio.
(3) Registrar of the concerned Institute shall be the ex officio non-member Secretary of the Board.
(4) The First Board of Governors shall be notified by the Central Government by obtaining nominations under sub-section (2), other than the members referred to in clauses (c), (d), (f) and (h), which shall be decided in the first meeting of the Board of Governors.
Section 15 Term of office of, vacancies among and allowances payable to, members of Board.
(1) Save as otherwise provided in this section, the term of office of the Chairperson or any other member of the Board, 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 the member holds the office by virtue of which he is a member.
(3) A member of the Board, other than an ex officio member, who fails to attend three consecutive meetings of the Board without the leave of absence, shall cease to be a member of the Board.
(4) One-third of the members of the Board shall form a quorum of the Board, provided at least three members are from members referred to in clauses other than clauses (e), (g) and (i) of sub-section (2) of section 14.
(5) The members of the Board shall be entitled to such allowances, as may be laid down in Statutes, for attending meetings of the Board or as may be convened by the Institute.
(2) The term of office of an ex officio member shall continue so long as the member holds the office by virtue of which he is a member.
(3) A member of the Board, other than an ex officio member, who fails to attend three consecutive meetings of the Board without the leave of absence, shall cease to be a member of the Board.
(4) One-third of the members of the Board shall form a quorum of the Board, provided at least three members are from members referred to in clauses other than clauses (e), (g) and (i) of sub-section (2) of section 14.
(5) The members of the Board shall be entitled to such allowances, as may be laid down in Statutes, for attending meetings of the Board or as may be convened by the Institute.
Section 16 Resignation of Chairperson.
(1) The Chairperson may, by writing under his hand addressed to the Visitor, resign his office.
(2) Any member of the Board, except ex officio members, may, by writing under his hand addressed to the Chairperson, resign his office.
(2) Any member of the Board, except ex officio members, may, by writing under his hand addressed to the Chairperson, resign his office.
Section 17 Powers and functions of Board.
(1) Subject to the provisions of this Act, the Board shall be responsible for the general policy making, superintendence, providing direction and shall have the power to frame, amend, modify or rescind the Statutes and the Ordinances governing the affairs of the Institute to achieve the objectives specified in section 6.
(2) Without prejudice to the provisions of sub-section (1), the Board shall have the following powers, namely:—
(a) to decide questions of policy relating to the Institute;
(b) to establish departments, faculties or schools of studies and initiate programmes or courses of study at the Institute;
(c) to examine and approve the annual budget estimates of the Institute;
(d) to examine and approve the plan for development of the Institute and to identify sources of finance for implementation of the plan;
(e) to create teaching, academic, administrative, technical and other posts and to make appointments thereto;
(f) to provide by the Statutes, the qualifications, criteria and processes for appointment to teaching and other posts in the Institute;
(g) to approve fees and other charges payable for pursuit of studies, courses or programmes in the Institute;
(h) to make Statutes, subject to provisions of section 32, governing the administration, management and operations of such Institute;
(i) to grant degrees, diplomas and other academic distinctions or titles, and to institute and award fellowships, scholarships, prizes and medals; and
(j) to exercise such other powers and perform such other duties as may be conferred or imposed by this Act or the Statutes.
(3) The Board may, subject to the provisions of this Act and the Statutes, delegate such powers and functions to the Senate or the Director, as the Board may deem fit.
(4) The Board shall put in place policies to make the Institute self-sustaining within a period of five years.
(5) The Board shall periodically conduct a review of the performance of the Director with specific reference to the leadership in the achievement of the objectives of the Institute.
(6) The Board shall in exercise of the powers and discharge of functions strive to provide autonomy in academic matters to the Senate and departments of faculties or schools, as the case may be.
(7) Wherein 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 in writing the grounds for the opinion:
Provided that such orders shall be submitted for ratification of the Board in the next meeting.
(2) Without prejudice to the provisions of sub-section (1), the Board shall have the following powers, namely:—
(a) to decide questions of policy relating to the Institute;
(b) to establish departments, faculties or schools of studies and initiate programmes or courses of study at the Institute;
(c) to examine and approve the annual budget estimates of the Institute;
(d) to examine and approve the plan for development of the Institute and to identify sources of finance for implementation of the plan;
(e) to create teaching, academic, administrative, technical and other posts and to make appointments thereto;
(f) to provide by the Statutes, the qualifications, criteria and processes for appointment to teaching and other posts in the Institute;
(g) to approve fees and other charges payable for pursuit of studies, courses or programmes in the Institute;
(h) to make Statutes, subject to provisions of section 32, governing the administration, management and operations of such Institute;
(i) to grant degrees, diplomas and other academic distinctions or titles, and to institute and award fellowships, scholarships, prizes and medals; and
(j) to exercise such other powers and perform such other duties as may be conferred or imposed by this Act or the Statutes.
(3) The Board may, subject to the provisions of this Act and the Statutes, delegate such powers and functions to the Senate or the Director, as the Board may deem fit.
(4) The Board shall put in place policies to make the Institute self-sustaining within a period of five years.
(5) The Board shall periodically conduct a review of the performance of the Director with specific reference to the leadership in the achievement of the objectives of the Institute.
(6) The Board shall in exercise of the powers and discharge of functions strive to provide autonomy in academic matters to the Senate and departments of faculties or schools, as the case may be.
(7) Wherein 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 in writing the grounds for the opinion:
Provided that such orders shall be submitted for ratification of the Board in the next meeting.
Section 18 Senate.
(1) The Senate of every Institute shall consist of the following persons, namely:—
(a) the Director of the Institute who shall be the ex officio Chairperson of the Senate;
(b) all Deans, ex officio;
(c) heads of all departments, faculties or schools, ex officio, as the case may be, of the Institute;
(d) all full-time professors other than the Deans or heads of the Departments;
(e) 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;
(f) three persons who are not members of teaching staff co-opted by the Senate for their specialised knowledge; and
(g) Registrar of the Institute, ex officio Secretary.
(2) The term of office of members nominated under clauses (e) and (f) shall be for a period of two years from the date of nomination.
(3) The term of office of an ex officio member shall continue so long as the member holds the office by virtue of which he is a member.
(a) the Director of the Institute who shall be the ex officio Chairperson of the Senate;
(b) all Deans, ex officio;
(c) heads of all departments, faculties or schools, ex officio, as the case may be, of the Institute;
(d) all full-time professors other than the Deans or heads of the Departments;
(e) 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;
(f) three persons who are not members of teaching staff co-opted by the Senate for their specialised knowledge; and
(g) Registrar of the Institute, ex officio Secretary.
(2) The term of office of members nominated under clauses (e) and (f) shall be for a period of two years from the date of nomination.
(3) The term of office of an ex officio member shall continue so long as the member holds the office by virtue of which he is a member.
Section 19 Powers and functions of Senate.
(1) Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate shall be the principal academic body of the Institute and shall have the power to enact, amend or modify the Ordinances governing academic matters and the affairs and well-being of students.
(2) Without prejudice to the provisions of sub-section (1), the Senate shall have the following powers, namely:—
(a) to specify the criteria and procedure 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;
(c) to recommend to the Board about starting of new programmes or 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;
(g) to recognise diplomas and degrees of 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, freeships, medals and prizes and other related matters;
(C) establishment or abolition of departments or centres; and
(D) academic functioning of the Institute, discipline, residence, admissions, examinations, award of fellowships and studentships, freeships, 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 or by itself;
(k) to consider the recommendations of the sub-committees and to take such action including making of recommendations to the Board 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 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.
(2) Without prejudice to the provisions of sub-section (1), the Senate shall have the following powers, namely:—
(a) to specify the criteria and procedure 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;
(c) to recommend to the Board about starting of new programmes or 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;
(g) to recognise diplomas and degrees of 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, freeships, medals and prizes and other related matters;
(C) establishment or abolition of departments or centres; and
(D) academic functioning of the Institute, discipline, residence, admissions, examinations, award of fellowships and studentships, freeships, 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 or by itself;
(k) to consider the recommendations of the sub-committees and to take such action including making of recommendations to the Board 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 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.
Section 20 Finance Committee.
(1) The Finance Committee of each Institute shall consist of the following persons, namely:—
(a) the Chairperson of the Board shall be the ex officio 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 finance, ex officio;
(c) one representative of the State Government in which the Institute is located, ex officio;
(d) one representative of the industry partners chosen from amongst themselves;
(e) the Director, ex officio; and
(f) the officer in-charge 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.
(a) the Chairperson of the Board shall be the ex officio 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 finance, ex officio;
(c) one representative of the State Government in which the Institute is located, ex officio;
(d) one representative of the industry partners chosen from amongst themselves;
(e) the Director, ex officio; and
(f) the officer in-charge 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.