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) 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.
Declaration
of certain
institutions as
institutions of
national
importance.
Definitions.
2 of 1882.
18 of 2013.
21 of 1860.
Incorporation
of Institutes.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
5. 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.
6. 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.
Effect of
incorporation
of Institutes.
Objects of
Institute.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
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 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
Powers and
functions of
Institute.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(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.
8. (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.
9. All teaching at each of the Institute shall be conducted by or in the name of the
Institute in accordance with the Statutes and Ordinances made in this behalf.
10. (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 selfsufficiency, sustainability and future development of the Institute.
11. (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.
Institutes to
be open to all
races, creeds
and classes.
5 of 2007.
Teaching at
Institute.
Institute to be
a distinct legal
entity not-forprofit.
Establishment
of Institute by
Central
Government,
State
Government
and industry
partners.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(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 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 from the 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.