The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017
Administered Ministry: Ministry of Education / Department of Higher Education
Section
Section 21 Powers and functions of Finance Committee.
The Finance Committee shall examine the accounts, scrutinise proposals for expenditure and financial estimates of the Institute and thereafter submit it to the Board together with its comments for approval.
Section 22 Meetings.
(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.
(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.
Section 23 Director.
(1) The Director shall be the principal executive officer of the Institute and shall be responsible for implementation of the decisions of the Board and Senate and for day-to-day administration of the Institute.
(2) The Director shall be appointed by the Visitor, on such terms and conditions of service as may be laid down by the Statutes.
(3) The Director shall be appointed out of the panel of names recommended by a search-cumselection committee consisting of—
(a) Chairperson of the Board, who shall be the Chairperson of the search-cum-selection committee;
(b) two members, nominated by the Board, from amongst eminent administrators, industrialists, educationists, scientists, technocrats and management specialists;
(c) nominee of the State Government in which the Institute is located;
(d) nominee of one of the industry partners by rotation;
(e) head of the Bureau, Ministry of Human Resource Development dealing with Indian Institutes of Information Technology—Member Secretary, ex officio;
(4) The Director shall exercise the powers and perform the duties as may be assigned under this Act or the Statutes or Ordinances, or as may be delegated by the Board.
(5) The Director shall, except on account of resignation or removal, hold office for a period of five years from the date of assumption of charge as Director.
(6) The Director may, by writing under his hand addressed to the Chairperson, resign his office.
(7) The Visitor may remove from office the Director, who—
(a) has been adjudged as insolvent; or
(b) has been convicted of an offence which, in the opinion of the Visitor, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Director; or
(d) has acquired such financial or other interest as is likely to affect prejudicially the functions as a Director; or
(e) has so abused the position or so conducted as to render the continuance in office prejudicial to the public interest:
Provided that the Director shall not be removed from office except by an order made by the Visitor, after an enquiry instituted by the Board, in which the Director has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges.
(8) The Board shall initiate the process of appointment in respect of any vacancy due to arise for the post of Director on completion of tenure before a period of six months from the date of arising of such vacancy and that the process of appointment shall be completed before such vacancy arises.
(9) Where the post of Director falls vacant on account of any reason other than completion of tenure, the process of appointment shall be initiated by the Board within one month of such vacancy and process shall be completed as early as possible.
(2) The Director shall be appointed by the Visitor, on such terms and conditions of service as may be laid down by the Statutes.
(3) The Director shall be appointed out of the panel of names recommended by a search-cumselection committee consisting of—
(a) Chairperson of the Board, who shall be the Chairperson of the search-cum-selection committee;
(b) two members, nominated by the Board, from amongst eminent administrators, industrialists, educationists, scientists, technocrats and management specialists;
(c) nominee of the State Government in which the Institute is located;
(d) nominee of one of the industry partners by rotation;
(e) head of the Bureau, Ministry of Human Resource Development dealing with Indian Institutes of Information Technology—Member Secretary, ex officio;
(4) The Director shall exercise the powers and perform the duties as may be assigned under this Act or the Statutes or Ordinances, or as may be delegated by the Board.
(5) The Director shall, except on account of resignation or removal, hold office for a period of five years from the date of assumption of charge as Director.
(6) The Director may, by writing under his hand addressed to the Chairperson, resign his office.
(7) The Visitor may remove from office the Director, who—
(a) has been adjudged as insolvent; or
(b) has been convicted of an offence which, in the opinion of the Visitor, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Director; or
(d) has acquired such financial or other interest as is likely to affect prejudicially the functions as a Director; or
(e) has so abused the position or so conducted as to render the continuance in office prejudicial to the public interest:
Provided that the Director shall not be removed from office except by an order made by the Visitor, after an enquiry instituted by the Board, in which the Director has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges.
(8) The Board shall initiate the process of appointment in respect of any vacancy due to arise for the post of Director on completion of tenure before a period of six months from the date of arising of such vacancy and that the process of appointment shall be completed before such vacancy arises.
(9) Where the post of Director falls vacant on account of any reason other than completion of tenure, the process of appointment shall be initiated by the Board within one month of such vacancy and process shall be completed as early as possible.
Section 24 Registrar.
(1) The Registrar of every Institute shall be appointed on such terms and conditions as may be laid down by the Statutes.
(2) The Registrar shall exercise such powers and perform such duties as may be assigned to him by the Statutes or by the Director.
(3) The Registrar shall be responsible to the Director for the proper discharge of his functions.
(2) The Registrar shall exercise such powers and perform such duties as may be assigned to him by the Statutes or by the Director.
(3) The Registrar shall be responsible to the Director for the proper discharge of his functions.
Section 25 Review of Performance of Institute.
(1) The Institute shall, within five years from the date of establishment and incorporation under this Act and thereafter at the expiration of every fifth year, constitute, with the prior approval of the Board, a review committee or shall appoint an agency as a third party to evaluate the performance of the Institute and its achievements with respect to its objectives during the said period.
(2) The review committee constituted under sub-section (1) shall consist of members of repute in academia or industry, from relevant fields of teaching, learning and research in such Institute.
(3) The third party agency appointed under sub-section (1) shall have past experience of conducting such evaluations.
(4) The review committee or the third party agency, as the case may be, shall assess the performance of Institute and shall submit its report with recommendations on—
(a) the extent of fulfilment of the objects of the Institute mentioned in section 6, as demonstrated by the state of teaching, learning and research, and its contribution to the society;
(b) the promotion of transformational research and its impact on industry and society;
(c) the advancement of fundamental research beyond the current frontiers of knowledge;
(d) the establishment of the Institute as amongst the global leaders in the area of information technology;
(e) such other parameters as the Board may consider necessary and specify.
(5) The Board shall place the report of the review committee or the third party agency in the public domain and on its website and consider the recommendations referred to in sub-section (3) and take such action as it may deem fit:
Provided that the recommendations of the review committee or the third party agency 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.
(2) The review committee constituted under sub-section (1) shall consist of members of repute in academia or industry, from relevant fields of teaching, learning and research in such Institute.
(3) The third party agency appointed under sub-section (1) shall have past experience of conducting such evaluations.
(4) The review committee or the third party agency, as the case may be, shall assess the performance of Institute and shall submit its report with recommendations on—
(a) the extent of fulfilment of the objects of the Institute mentioned in section 6, as demonstrated by the state of teaching, learning and research, and its contribution to the society;
(b) the promotion of transformational research and its impact on industry and society;
(c) the advancement of fundamental research beyond the current frontiers of knowledge;
(d) the establishment of the Institute as amongst the global leaders in the area of information technology;
(e) such other parameters as the Board may consider necessary and specify.
(5) The Board shall place the report of the review committee or the third party agency in the public domain and on its website and consider the recommendations referred to in sub-section (3) and take such action as it may deem fit:
Provided that the recommendations of the review committee or the third party agency 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.
Section 26 Grants by Central Government and State Governments.
(1) For the purposes of enabling the Institute to discharge their functions efficiently under this Act, the Central Government and the State Government may, after due appropriation made by the Parliament and the concerned State Legislature, as the case may be, by law in this behalf, pay to each Institute in every financial year such sums of money in such manner as is required to fulfil their obligations under section 11.
(2) The Central Government and the concerned State 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.
(2) The Central Government and the concerned State 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.
Section 27 Fund of Institute.
(1) Every Institute shall maintain a Fund to which shall be credited—
(a) all monies provided by the Central Government or the State Government or industry partner, as the case may be;
(b) all fees and other charges received by the Institute from students;
(c) all monies received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers;
(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.
(3) All monies credited to the Fund of every Institute shall be deposited in such banks or invested in such manner as the Institute may, with approval of the Board, decide.
(4) Each Institute shall create a corpus fund for long term sustainability of the Institute, to which shall be credited such per cent. of the net income of the Institute and donations made specifically towards such corpus fund as the Central Government may, in accordance with the provisions of the Income-tax Act, 1961 (43 of 1961), notify:
Provided that the Board may also create endowment funds for specific purpose to which donations may be specifically made.
(a) all monies provided by the Central Government or the State Government or industry partner, as the case may be;
(b) all fees and other charges received by the Institute from students;
(c) all monies received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers;
(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.
(3) All monies credited to the Fund of every Institute shall be deposited in such banks or invested in such manner as the Institute may, with approval of the Board, decide.
(4) Each Institute shall create a corpus fund for long term sustainability of the Institute, to which shall be credited such per cent. of the net income of the Institute and donations made specifically towards such corpus fund as the Central Government may, in accordance with the provisions of the Income-tax Act, 1961 (43 of 1961), notify:
Provided that the Board may also create endowment funds for specific purpose to which donations may be specifically made.
Section 28 Accounts and audit.
(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
(c) the financial effect, if any, arising out due to such deviation.
(3) The accounts of every Institute shall be audited by the Comptroller and Auditor-General of India or any other person in accordance with the provisions of the extant rules 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 or such person.
(4) The Comptroller and Auditor-General of India and any person appointed 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 in this behalf together with the audit report thereon shall be forwarded annually to the Central Government.
(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
(c) the financial effect, if any, arising out due to such deviation.
(3) The accounts of every Institute shall be audited by the Comptroller and Auditor-General of India or any other person in accordance with the provisions of the extant rules 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 or such person.
(4) The Comptroller and Auditor-General of India and any person appointed 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 in this behalf together with the audit report thereon shall be forwarded annually to the Central Government.
Section 29 Pension and provident fund.
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 laid down by the Statutes.
Section 30 Appointments.
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.
Section 31 Statutes. 15 docs
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—
(a) the formation of departments of teaching;
(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(c) the terms of office and the method of appointment of officers of the Institute;
(d) the qualifications of teachers of the Institute;
(e) the classification, method of appointment and the determination of the terms and conditions of service of teachers and other staff of the Institute;
(f) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute as per the provisions existing from time to time;
(g) the constitution, powers and duties of the authorities of the Institute;
(h) the establishment and maintenance of halls and hostels;
(i) 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;
(j) the allowances to be paid to the Chairperson and members of the Board;
(k) the authentication of the orders and decisions of the Board;
(l) 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; and
(m) any other matter as may be considered necessary for the efficient functioning of the Institute.
(a) the formation of departments of teaching;
(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(c) the terms of office and the method of appointment of officers of the Institute;
(d) the qualifications of teachers of the Institute;
(e) the classification, method of appointment and the determination of the terms and conditions of service of teachers and other staff of the Institute;
(f) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute as per the provisions existing from time to time;
(g) the constitution, powers and duties of the authorities of the Institute;
(h) the establishment and maintenance of halls and hostels;
(i) 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;
(j) the allowances to be paid to the Chairperson and members of the Board;
(k) the authentication of the orders and decisions of the Board;
(l) 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; and
(m) any other matter as may be considered necessary for the efficient functioning of the Institute.
Section 32 Statutes how to be made.
(1) The first Statute of each Institute shall be framed by the Board with the prior approval of the Visitor.
(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes.
(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes.
Section 33 Ordinances. 15 docs
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;
(c) the conditions under which students shall be admitted to the degree or 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;
(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.
(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;
(c) the conditions under which students shall be admitted to the degree or 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;
(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.
Section 34 Ordinances how to be made.
(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.
(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.
Section 35 Tribunal of Arbitration.
(1) (a) Any dispute arising out of a contract between an 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.
(c) No suit or proceeding shall lie in any court in respect of any matter, which is 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 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 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 laid down 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 may confirm, modify or reverse the decision appealed against.
(b) The decision of the Tribunal shall be final and shall not be questioned in any court.
(c) No suit or proceeding shall lie in any court in respect of any matter, which is 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 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 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 laid down 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 may confirm, modify or reverse the decision appealed against.
Section 36 Annual report of Director.
(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 amount, if any, which it proposes to carry forward to any surplus reserves in its balance sheet;
(c) the extent to which understatement or overstatement of any surplus of income 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;
(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 explanation in its report on every reservation, qualification or adverse remark contained in the auditors' report.
(a) the state of affairs of such Institute;
(b) the amount, if any, which it proposes to carry forward to any surplus reserves in its balance sheet;
(c) the extent to which understatement or overstatement of any surplus of income 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;
(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 explanation in its report on every reservation, qualification or adverse remark contained in the auditors' report.
Section 37 Annual report of each Institute.
(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 as approved by the Board shall be published and placed on the website of the Institute.
(3) The Board shall prepare and release for every year a report, in English and in Hindi, the working of the Institute in the previous year on or before the expiry of nine months from the close of financial year, and a copy of the same, together with an audited statement of accounts showing the income and expenditure for the previous year shall be submitted to the Central Government and the concerned State Government within that stipulated time, and the same may be caused to be laid before each House of Parliament and the concerned State Legislature.
(2) The annual report as approved by the Board shall be published and placed on the website of the Institute.
(3) The Board shall prepare and release for every year a report, in English and in Hindi, the working of the Institute in the previous year on or before the expiry of nine months from the close of financial year, and a copy of the same, together with an audited statement of accounts showing the income and expenditure for the previous year shall be submitted to the Central Government and the concerned State Government within that stipulated time, and the same may be caused to be laid before each House of Parliament and the concerned State Legislature.
Section 38 Co-ordination Forum.
(1) In order that there may be better co-ordination among 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, a central body to be called the Co-ordination Forum for all the Institutes specified in column (5) of the Schedule.
(2) The Co-ordination Forum shall consist of the following members, namely:—
(i) the Minister in-charge of the Ministry or Department of the Central Government having administrative control of technical education, ex officio, as Chairperson;
(ii) Secretary to the Government of India, in-charge of the Department of the Central Government having administrative control of technical education, ex officio;
(iii) four Secretaries in-charge of department looking after Indian Institutes of Information Technology of State Governments in which the Institutes are located, to be nominated by the Chairperson of the Co-ordination Forum, by rotation for two years, ex officio;
(iv) four Chairpersons of the Institutes, to be nominated by the Chairperson of the Co-ordination Forum, by rotation for two years;
(v) the Directors of each of the Institutes, ex officio;
(vi) four industry partners, to be nominated by the Chairperson of the Co-ordination Forum, not more than one from any Institute, by rotation every two years;
(vii) three persons of eminence, of which at least one shall be a woman, in academia, industry or public service, to be nominated by the Co-ordination Forum; and
(viii) one representative of All India Council of Technical Education:
Provided that while nominating under clauses (iii), (iv) and (vi), care shall be taken to ensure representation of as many Institutes as possible by selecting Secretaries of State Governments, Chairpersons of the Institutes, and representatives of industry partners from the Board of different Institutes to the extent possible.
(3) An officer of the Department of Higher Education, Government of India, not below the rank of Joint Secretary, concerned with technical education, ex officio, to act as the Member-Secretary of the Co-ordination Forum.
(4) The Co-ordination Forum may, at its discretion, constitute a Standing Committee of the Indian Institute of Information Technology Co-ordination Forum (Public-private Partnership) to assist the Co-ordination Forum in discharge of its duties and responsibilities.
(5) The expenditure on the Co-ordination Forum shall be met by the resources pooled by all the Institutes governed by this Act.
(2) The Co-ordination Forum shall consist of the following members, namely:—
(i) the Minister in-charge of the Ministry or Department of the Central Government having administrative control of technical education, ex officio, as Chairperson;
(ii) Secretary to the Government of India, in-charge of the Department of the Central Government having administrative control of technical education, ex officio;
(iii) four Secretaries in-charge of department looking after Indian Institutes of Information Technology of State Governments in which the Institutes are located, to be nominated by the Chairperson of the Co-ordination Forum, by rotation for two years, ex officio;
(iv) four Chairpersons of the Institutes, to be nominated by the Chairperson of the Co-ordination Forum, by rotation for two years;
(v) the Directors of each of the Institutes, ex officio;
(vi) four industry partners, to be nominated by the Chairperson of the Co-ordination Forum, not more than one from any Institute, by rotation every two years;
(vii) three persons of eminence, of which at least one shall be a woman, in academia, industry or public service, to be nominated by the Co-ordination Forum; and
(viii) one representative of All India Council of Technical Education:
Provided that while nominating under clauses (iii), (iv) and (vi), care shall be taken to ensure representation of as many Institutes as possible by selecting Secretaries of State Governments, Chairpersons of the Institutes, and representatives of industry partners from the Board of different Institutes to the extent possible.
(3) An officer of the Department of Higher Education, Government of India, not below the rank of Joint Secretary, concerned with technical education, ex officio, to act as the Member-Secretary of the Co-ordination Forum.
(4) The Co-ordination Forum may, at its discretion, constitute a Standing Committee of the Indian Institute of Information Technology Co-ordination Forum (Public-private Partnership) to assist the Co-ordination Forum in discharge of its duties and responsibilities.
(5) The expenditure on the Co-ordination Forum shall be met by the resources pooled by all the Institutes governed by this Act.
Section 39 Term of office and allowances payable to members of Co-ordination Forum.
(1) The term of office of a member referred to in clause (viii) of sub-section (2) of section 38 shall be 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) While nominating members to the Co-ordination Forum under clauses (iii), (iv) and (vi) of sub-section (2) of section 38, the Chairperson of the Co-ordination Forum shall, to the extent possible, ensure maximum possible representation from each Institute.
(4) The members of the Co-ordination Forum shall be entitled to travelling and such other allowances, as may be prescribed, for attending meetings of the Co-ordination Forum or its Committees thereof.
(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) While nominating members to the Co-ordination Forum under clauses (iii), (iv) and (vi) of sub-section (2) of section 38, the Chairperson of the Co-ordination Forum shall, to the extent possible, ensure maximum possible representation from each Institute.
(4) The members of the Co-ordination Forum shall be entitled to travelling and such other allowances, as may be prescribed, for attending meetings of the Co-ordination Forum or its Committees thereof.
Section 40 Functions and duties of Co-ordination Forum.
(1) The Co-ordination Forum shall facilitate the sharing of experience, ideas and concerns with a view to enhancing the performance of all the Institutes.
(2) Without prejudice to the provisions of sub-section (1), the Co-ordination Forum shall perform the following functions, namely:—
(a) advise the Central Government to include a new institution or exclude an existing institution from the Schedule;
(b) deliberate on such matters of common interest to Institutes as may be referred to it by any Institute;
(c) promote necessary co-ordination and co-operation in the working of the Institutes;
(d) recommend to the Central Government, the institution of scholarships including for research and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens; and
(e) perform such other functions as may be referred to it by the Central Government or any State 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 Co-ordination Forum shall ordinarily preside at the meetings of the Co-ordination Forum and in the absence, the Secretary to the Government of India, in-charge of the Department of the Central Government having administrative control of technical education, shall preside at the meeting.
(4) The Co-ordination Forum shall meet at least once in every year, or as and when deemed necessary by the Chairperson of the Co-ordination Forum, and follow such procedure in its meetings, as may be prescribed.
(2) Without prejudice to the provisions of sub-section (1), the Co-ordination Forum shall perform the following functions, namely:—
(a) advise the Central Government to include a new institution or exclude an existing institution from the Schedule;
(b) deliberate on such matters of common interest to Institutes as may be referred to it by any Institute;
(c) promote necessary co-ordination and co-operation in the working of the Institutes;
(d) recommend to the Central Government, the institution of scholarships including for research and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens; and
(e) perform such other functions as may be referred to it by the Central Government or any State 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 Co-ordination Forum shall ordinarily preside at the meetings of the Co-ordination Forum and in the absence, the Secretary to the Government of India, in-charge of the Department of the Central Government having administrative control of technical education, shall preside at the meeting.
(4) The Co-ordination Forum shall meet at least once in every year, or as and when deemed necessary by the Chairperson of the Co-ordination Forum, and follow such procedure in its meetings, as may be prescribed.