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INDIAN INSTITUTES OF INFORMATION TECHNOLOGY ACT, 2014

INDIAN INSTITUTES OF INFORMATION TECHNOLOGY ACT, 2014

(NO. 30 OF 2014)

[8th December, 2014.]

An Act to declare certain institutions of information technology to be institutions of national importance, with a view to develop new knowledge in information technology and to provide manpower of global standards for the information technology industry and to provide for certain other matters connected with such institutions or incidental thereto.

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

CHAPTER I

PRELIMINARY

Short title and commencement

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

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Declaration of certain institutions as institutions of national importance.

2. Whereas the objects of the Institutes mentioned in the Schedule are such as to make them institutions of national importance, it is hereby declared that each such Institute is an institution of national importance.

Definitions

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

(a) “Board”, in relation to any Institute, means the Board of Governors referred to in sub-section (1) of section 13;

(b) “Chairperson” means the Chairperson of the Board of Governors appointed under sub-section (2) of section 13;

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

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

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

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

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

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

(j) “Statutes” and “Ordinances”, in relation to any Institute, means the Statutes and Ordinances of the Institute made under this Act.

CHAPTER II

THE INSTITUTES

Incorporation of Institutes

4. (1) On and from the commencement of this Act, every existing Institute, shall be a body corporate by the same name as mentioned in column (5) of the Schedule.

(2) Every existing Institute referred to in column (5) of the Schedule shall have perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

Effect of incorporation of Institutes

5. On and from the commencement of this Act,—

(a) any reference to a Society in any contract or other instrument shall be deemed as a reference to the corresponding Institute mentioned in column (5) of the Schedule;

(b) all properties, movable and immovable, of or belonging to every existing Institute shall vest in the corresponding Institute mentioned under column (5) of the Schedule;

(c) all rights and debts and other liabilities of every existing Institute mentioned in column (3) of the Schedule shall be transferred to, and be the rights and liabilities of, the corresponding Institute mentioned in column (5) of the Schedule;

(d) every person employed by every existing Institute mentioned in column (3) of the Schedule, immediately before such commencement shall hold his office or service in the corresponding Institute mentioned in column (5) of the Schedule, with the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes:

Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the Institute, of compensation equivalent to three months’ remuneration in case of permanent employees and one month’s remuneration in the case of other employees:

Provided further that any reference, by whatever form of words, to the Director, Registrar and other officers of an existing Institute mentioned in column (3) of the Schedule, in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Director, Registrar and other officers of the corresponding Institute mentioned in column (5) of the Schedule;

(e) every person pursuing, before the commencement of this Act, any academic or research course in every existing Institute mentioned in column (3) of the Schedule, shall be deemed to have migrated and registered with the corresponding Institute mentioned in column (5) of the Schedule, on such commencement at the same level of course in the Institute from which such person migrated;

(f) all suits and other legal proceedings instituted or which could have been instituted by or against an existing Institute, mentioned in column (3) of the Schedule, immediately before the commencement of this Act shall be continued or instituted by or against the corresponding Institute mentioned in column (5) of the Schedule.

Objects of Institute.

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

(a) to emerge amongst the foremost institutions in information technology and allied fields of knowledge;

(b) to advance new knowledge and innovation in information technology and allied fields to empower the nation to the forefront in the global context;

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

Powers and functions of Institute

7. (1) Subject to the provisions of this Act, every Institute shall exercise the following powers and perform the following functions, namely:—

(a) to provide instruction in such fields of knowledge concerning information technology and allied areas as such Institute may think fit, for the advancement of learning and dissemination of knowledge;

(b) to lead, organise and conduct research and innovation in information technology and allied fields of knowledge in such manner as the Institute may think fit, including in collaboration or in association with any other Institute, educational institution, research organisation or body corporate;

(c) to hold examinations and grant degrees, diplomas and other academic distinctions or titles; and to confer honorary degrees;

(d) to institute teaching, research or other academic positions, required by the Institute with such designations as it may deem fit, and to appoint persons on tenure, term or otherwise to such positions, other than the post of Director in accordance with the policy laid down by the Council;

(e) to appoint persons working in any other Institute or educational institution or involved in research of significance in any industry as adjunct, guest or visiting faculty of the Institute on such terms and for such duration as the Institute may decide;

(f) to create administrative and other posts and to make appointments thereto in accordance with the policy laid down by the Council;

(g) to make provision for dissemination of knowledge emerging from research and for that purpose to enter into such arrangements, including consultancy and advisory services, with other institutions, industry, civil society or other organisations, as the Institute may deem necessary;

(h) to create a website, highlight all information not restricted to those related to students, admission, fee, administrative structure, policies including recruitment rules, faculty and non-faculty posts, annual reports and financial details including statement of account of the Institute;

(i) to determine, specify and receive payment of the charges, as the Institute may deem fit, from person, institution or body corporate for services, including training, consultancy and advisory services, provided by the Institute;

(j) to deal with any property belonging to or vested in, the Institute in such manner as the Institute may deem fit for advancing the objects of the Institute:

Provided that where the land for the Institute has been provided free of cost by a State Government, such land may be disposed of only with the prior approval of such State Government;

(k) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from testators, donors or transferors, as the case may be;

(l) to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the Institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects;

(m) to establish and maintain such infrastructure as may be necessary, incidental or conducive to the attainment of the objects of the Institute;

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

(o) to strive to meet the technological needs of the States and the Union territories by supporting technical educational institutions; and

(p) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute.

(2) Notwithstanding anything contained in clause ( j), an Institute shall not dispose of in any manner any immovable property, without the prior approval of the Visitor.

Institute to be open to all races, creeds and classes

8. (1) Every Institute shall be open to all persons irrespective of gender, caste, creed, disability, domicile, ethnicity, social or economic background.

(2) No bequest, donation or transfer of any property shall be accepted by any Institute which in the opinion of the Council involves conditions or obligations opposed to the spirit and object of this section.

(3) Admissions to every programme of study in each Institute shall be based on merit assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such Institute:

Provided that every such Institute shall be a Central Educational Institution for the purposes of the Central Educational Institutions (Reservation in Admission) Act, 2006.

Teaching at Institute

9. All teaching at each of the Institute shall be conducted by or in the name of the Institute in accordance with the Statutes and Ordinances made in this behalf.

Institute to be a distinct legal entity not-for-profit

10. Each Institute shall be a not-for-profit legal entity and no part of the surplus, if any, in revenue of such Institute, after meeting all expenditure in regard to its operations under this Act, shall be invested for any purpose other than for the growth and development of such Institute or for conducting research therein.

Visitor.

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

(2) The Visitor may appoint one or more persons to review the work and progress of any Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct.

(3) Upon receipt of any such report, the Visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the Institute shall be bound to comply with such directions within a reasonable time.

CHAPTER III

AUTHORITIES OF CENTRALLY FUNDED INDIAN INSTITUTE OF INFORMATION TECHNOLOGY

Authorities of Institute

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

(a) Board of Governors;

(b) Senate;

(d) Building and Works Committee;

(e) Research Council;

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

Board of Governors

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

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

(a) a Chairperson, an eminent technologist or industrialist or educationist to be nominated by the Visitor from a panel of three names recommended by the Central Government;

(b) Secretary incharge of Information Technology or Higher Education in the State in which the Institute is located, ex officio;

(c) one representative of the Department of Higher Education, Government of India dealing with Indian Institute of Information Technology, ex officio;

(d) one representative of the Ministry of Communication and Information Technology, Government of India, ex officio;

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

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

(g) four persons having special knowledge or practical experience in respect of information technology or engineering or science or allied areas to be nominated by the Council;

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

(i) Director of the Institute, ex officio;

(j) the Registrar, ex officio Secretary.

Term of office of, vacancies among, and allowances payable to, members of Board

14. (1) Save as otherwise provided in this section, the term of office of member of the Board, other than the ex officio member, shall be three years from the date of nomination.

(2) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member.

(3) The term of office of a member nominated under clause (h) of sub-section (2) of section 13 shall be two years from the date of nomination.

(4) A member of the Board, other than an ex officio member, who fails to attend three consecutive meetings of the Board, shall cease to a member of the Board.

(5) Notwithstanding anything contained in this section, an outgoing member shall, unless the Council directs, continue in office until another person is nominated as a member in his place.

(6) Members of the Board shall be entitled to such allowances, as may be specified in the Statutes, for attending meetings of the Board or as may be convened by the Institute.

Powers and functions of Board of Governors

15. (1) Subject to the provisions of this Act, the Board of every Institute shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall have the power to frame, amend, modify or rescind the Statutes and Ordinances governing the affairs of the Institute to achieve the objects specified in section 6.

(2) Without prejudice to the provisions of sub-section (1), the Board shall have the following powers, namely:—

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

(b) to establish departments, faculties or schools of studies and initiate programmes or courses of study at the Institute;

(d) to examine and approve the plan for development of such Institute and to identify sources of finance for implementation of the plan;

(e) to create teaching and other academic posts, to determine, by Statutes, the number and emoluments of such posts and to define the duties and conditions of service of teachers and other academic staff:

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

(f) to provide, by Statutes, the qualifications, criteria and processes for appointment to teaching and other posts in such Institute;

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

(h) to make Statutes governing the administration, management and operations of such Institute; and

(i) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or Statutes.

(3) The Board shall have the power to appoint such committees, as it considers necessary for the exercise of its powers and the performance of its duties under this Act.

(4) The Board shall conduct an annual review of the performance of the Director with specific reference to his leadership in the context of the achievement of the objects of the Institute.

(5) Where in the opinion of the Director or the Chairperson, the situation is so emergent that an immediate decision needs to be taken in the interest of the Institute, the Chairperson, in consultation with the Director may issue such orders as may be necessary, recording the grounds for his opinion:

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

Senate

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

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

(b) Deputy Director, ex officio;

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

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

(f) three persons from amongst educationists of repute or persons from another field related to the activities of the Institute who are not in service of the Institute, nominated by the Board of Governors;

(g) three persons who are not members of teaching staff co-opted by the Senate for their specialised knowledge;

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

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

(3) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member.

Powers and functions of Senate

17. (1) Subject to the provisions of this Act, the Senate shall be the principal academic body of the Institute and shall have the power to enact, amend, modify Ordinances, governing academic matters and the affairs and well-being of students in the Institute.

(2) Without prejudice to the provisions of sub-section (1), the Senate shall have the following powers, namely:—

(a) to specify the criteria and process for admission to courses or programmes of study offered by the Institute;

(b) to recommend to the Board creation of teaching and other academic posts, determination of the number and emoluments of such posts and defining the duties and conditions of service of teachers and other academic posts;

(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 or Universities and other Institutes and to determine equivalence with the diplomas and degrees of the Institute;

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

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

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

(b) institution of chairs, fellowships, scholarships, studentships, free-ships, medals and prizes and other related matters;

(d) bye-laws covering the academic functioning of the institute, discipline, residence, admissions, examinations, award of fellowships and studentships, free-ships concessions, attendance and other related matters;

(j) to appoint sub-committees to advise on such specific matters as may be referred to by the Board of Governors or by itself;

(k) to consider the recommendations of the sub-committees and to take such action including making of recommendations to the Board of Governors as may be required;

(l) to take periodical review of the activities of the Departments or Centres and to take appropriate action including making of recommendations to the Board of Governors with a view to maintain and improve the standards of instructions, in the institutions; and

(m) to exercise such other powers and discharge such other functions as may be assigned to it, by Statutes or otherwise, by the Board.

Finance Committee

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

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

(b) one representative of the Government of India, Ministry of Human Resource Development, Department of Higher Education handling the matters relating to Indian Institute of Information Technology, ex officio;

(c) one representative of the Government of India, Ministry of Human Resource Development, Department of Higher Education handling the matters relating to finance, ex officio;

(d) two persons nominated by the Board;

(e) the Director, ex officio;

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

(2) The members of the Finance Committee other than ex officio members shall hold office for a term of three years.

Powers and functions of Finance Committee

19. The Finance Committee shall examine the accounts, scrutinise proposals for expenditure and financial estimates of the Institute and thereafter submit it to the Board of Governors together with its comments for approval.

Building and Works Committee

20. The Building and Works Committee of each Institute shall consist of the following persons, namely:—

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

(b) one person nominated by Indian Institute of Technology located in the State in which the Institute is situated;

(d) Dean, Planning and Development;

(e) a civil engineer not below the rank of superintending engineer in the Government or Government Agency nominated by the Board;

(f) an electrical engineer not below the rank of superintending engineer in the Government or Government Agency nominated by the Board;

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

Powers and functions of Building and Works Committee

21.The Building and Works Committee shall discharge the following powers and functions, namely:—

(a) it shall be the responsibility of the Committee for construction of all major capital works after securing from the Board the necessary administrative approval and financial sanction;

(b) it shall have the power to give the necessary administrative approval and financial sanction for all construction work and work pertaining to maintenance and repairs, within the grant place at the disposal of the Institute for the purpose;

(c) it shall cause to be prepared estimates of cost of building and other capital work, minor works, repair, maintenance and the like;

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

(e) it shall be responsible for enlistment of suitable contractors and acceptance of tenders and shall have the power to give direction for departmental works where necessary.

Research Council

22. (1) Each Institute shall establish a Research Council comprising of the Director and such other members as may be specified, by Statutes, by the Board.

(2) The Research Council of each Institute shall—

(a) interface with research funding organisations, industry and civil society to identify potential areas for research;

(b) to organise and promote research in such Institute or in collaboration with any institution of higher learning or research laboratories;

(d) provide, out of the funds placed at its disposal by the Board, research resources and grant assistance for research projects proposed to be undertaken by teachers in such Institute;

(e) provide for incubation of technology applications emerging from research and to protect and utilise the intellectual property obtained from research in the Institutes;

(f) make provision for research and advisory services and for that purpose enter into such arrangements with other institutions, industry, civil society or other organisations and enable the fruits of research to be disseminated to industry and society through such arrangements;

(g) exercise such other powers and perform such other duties as may be assigned to it by Statutes.

Meetings.

23. (1) The Chairperson shall ordinarily preside over the meetings of the Board, Finance Committee and at the convocations of the Institute.

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

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