10. (1) The Board of Governors of each Institute shall be the principal executive body
of that Institute.
(2) The Board of each Institute shall consist of the following members, namely:—
(a) a Chairperson, from amongst eminent persons distinguished in the field of
industry or education or science or technology or management or public administration
or such other field, to be appointed by the Board;
(b) one nominee of the Central Government having charge of the management
education or his representative;
(c) one nominee of the respective State Government or representative of such
nominees, within whose territorial jurisdiction the Institute is located;
(d) four eminent persons, of which at least one shall be a woman, distinguished
in the field of education, industry, commerce, social service or public administration, to
be nominated by the Board, having such experience and in such manner as may be
specified by regulations;
(e) two members from the faculty of respective Institutes to be nominated by the
Chairperson, in the manner to be laid down by the Board by regulations;
(f) one person from the Scheduled Castes or Scheduled Tribes to be nominated
by the Board from amongst the members referred to in clauses (d), (e) and (g);
(g) up to five persons to be co-opted by the Board from the alumni or the
members of society of the existing Institute who have distinguished themselves in the
field of management:
Provided that out of such five persons, not more than one member shall be from the
Society;
(h) three women members to be nominated by the Board from amongst the
members referred to in clauses (d), (e) and (g);
(i) Director of the Institute, ex officio member.
(3) The Board may nominate a person to fill up any temporary vacancy, of a member
referred to in clauses (d) and (g) of sub-section (2), for a period which may extend to three months.
(4) The Board shall designate an officer of the Institute to act as Secretary of the
Board.
Institute to be
not-for-profit
legal entity.
5 of 2007.
Board of
Governors.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(5) The Chairperson shall have the power to invite any number of experts, not being
members of the Board, to attend meetings of the Board, but such invitees shall not be entitled
to vote at the meeting.
11. (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 or amend or modify or rescind the regulations
governing the affairs of the Institute to achieve the objects of the Institute 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 examine and approve the annual budget estimates of the Institute;
(c) to examine and approve the plan for development of the Institute and to
identify sources of finance for implementation of the plan;
(d) to establish departments, faculties or schools of studies and initiate
programmes or courses of study at the Institute;
(e) to set-up centres of management studies and allied areas within the country
under intimation to the Central Government;
(f) to grant degrees, diplomas and other academic distinctions or titles, and to
institute and award fellowships, scholarships, prizes and medals;
(g) to confer honorary degrees in such manner as may be specified by the
regulations;
(h) to grant honorary awards and other distinctions;
(i) to create academic, administrative, technical and other posts and to make
appointments thereto:
Provided that the cadre, the pay scales, allowances and term of employment of such
posts shall be such as may be determined by the Central Government;
(j) to determine, by regulations, the number and emoluments of such posts and
to define the duties and conditions of services of the academic, administrative,
technical and other staff;
(k) to set-up centres of management studies and allied areas outside India in
accordance with guidelines laid down by the Central Government from time to time
and in accordance with the provisions of the laws for the time being in force in such
foreign country;
(l) to pay, variable pay to the Director of the Institute on the basis of
performance objectives as may be specified by the regulations;
(m) to specify by regulations, the fees to be charged for courses of study and
examinations in the Institute;
(n) to specify by regulations the manner of formation of department of teaching;
(o) to specify by regulations the institution of fellowships, scholarships,
exhibitions, medals and prizes;
(p) to specify by regulations the qualifications, classification, terms of office
and method of appointment of the academic, administrative, technical and other staff
of the Institute;
(q) to specify by regulations the constitution of pension, insurance and provident
funds for the benefit of the academic, administrative, technical and other staff;
Powers and
functions of
Board.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(r) to specify by regulations, the establishment and maintenance of buildings;
(s) to specify by regulations, the conditions of residence of students of the
Institute and levying of fees for residence in the halls and hostels and of other charges;
(t) to specify by regulations, the manner of authentication of the orders and
decisions of the Board;
(u) to specify by regulations, the quorum for meetings of the Board, the
Academic Council or any Committee, and the procedures to be followed in the conduct
of their business;
(v) to specify by regulations, the financial accountability of the Institute; and
(w) to exercise such other powers and perform such other duties as may be
conferred or imposed upon it by this Act or the rules made thereunder.
(3) Subject to the provisions of this Act, the Board may by regulations, delegate such
powers and functions of the Board to the Director as it may deem fit.
(4) The Board shall conduct an annual review of the performance of the Director, in the
context of the achievements of objects of the Institute:
Provided that such review shall include performance reviews of faculty members of the
Institute on such parameters, periodicity and terms of reference as may be determined by the Board.
(5) The Board shall, through an independent agency or group of experts, within a
period of three years from the date of incorporation of the Institute, and thereafter at least
once every three years, evaluate and review the performance of the Institutes, including its
faculty, on the parameters of long term strategy and rolling plans of the Institutes and such
other parameters as the Board may decide and the report of such review shall be placed in
public domain.
(6) The qualifications, experience and the manner of selection of the independent
agency or group of experts, referred to in sub-section (5), shall be such as may be specified
by regulations.
(7) The report of the evaluation and review under sub-section (5) shall be submitted
by the Board to the Central Government along with an action taken report thereon.
(8) Where in the opinion of the Chairperson or the Director the situation is so emergent
that an immediate decision need 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 by the Board in the next
meeting.
(9) The Board shall in the exercise of its power and discharge of its functions under
this Act, be accountable to the Central Government.
12. (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 four years from
the date of his appointment or nomination:
Provided that the term of office of a member nominated under clause (e) of
sub-section (2) of section 11 shall be two years from the date of his nomination:
Provided further that the Chairperson, or any other member of the Board, other than an
ex officio member, may be appointed or nominated for a second term:
Provided also that the Chairperson or any other member of the Board, other than an
ex officio member, shall not be appointed or nominated for more than two consecutive terms.
(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 of the Board.
Term of
office of,
vacancies
among, and
allowances
payable to
members of
Board.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(3) A member of the Board, other than a nominee of the Central Government or the State
Government, who fails to attend three consecutive meetings of the Board without permission
of the Chairperson, shall cease to be a member of the Board.
(4) A casual vacancy of a member shall be filled up in accordance with the provisions
of section 10.
(5) The term of office of a member nominated to fill a casual vacancy shall continue
for the remainder of the term of the member in whose place he has been so nominated.
(6) Members of the Board shall be entitled to such allowances, as may be specified
in the regulations, for attending meetings of the Board.
(7) The Board shall meet at least once in every three months.
13. The Chairperson may, by notice in writing under his hand addressed to the Board,
resign from his office.
14. (1) The Academic Council shall be the principal academic body of every Institute,
consisting of the following persons, namely:—
(a) Director of the Institute, who shall be the Chairperson of the Academic
Council;
(b) Deans in charge of academics, research, student affairs and such other
functions of the Institute;
(c) Chairs of Areas or Programmes, Heads or Coordinators of Faculties or Schools
or Centres or Departments, of the Institute;
(d) all full time Faculty at the level of Professors and such number of other full
time Faculty of the Institute as may be determined by the Board;
(e) such members, by invitation of the Board on the recommendation of the
Director, who are eminent in the fields of industry, finance, management, public
administration and academics.
(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 (d) of sub-section (1) shall
be two years from the date of his nomination.
15. (1) The Academic Council shall perform the following functions, namely:—
(a) to specify the criteria and process for admission to courses or programmes of
study offered by the Institute;
(b) to specify the academic content of programmes and courses of study and
undertake modifications therein;
(c) to specify the academic calendar, guidelines for conduct of examination and
recommend grant of degrees, diplomas and other academic distinctions or titles.
(2) The Academic Council shall exercise such other powers and perform such other
functions as may be conferred upon it, by this Act or the regulations or by the Board.
16. (1) The Director shall be the Chief Executive Officer of the Institute and shall
provide leadership to the Institute and be responsible for implementation of the decisions of
the Board.
(2) The Director shall be appointed by the Board, on such terms and conditions of
service as may be prescribed.
(3) The Director shall be appointed out of the panel of names recommended by a
search-cum-selection committee to be constituted by the Board, consisting of:—
Resignation of
Chairperson.
Academic
Council.
Power and
functions of
Academic
Council.
Director.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
(a) the Chairperson of the Board, who shall be the Chairperson of the searchcum-selection committee;
(b) three members chosen from amongst eminent administrators, industrialists,
educationists, scientists, technocrats and management specialists:
Provided that where the Board is not satisfied with the recommendations of the
search-cum-selection committee, it may ask the search-cum-selection committee to
make fresh recommendations.
(4) The Director shall exercise the powers and perform the duties as may be assigned
to him under this Act or the regulations or as may be delegated to him by the Board:
Provided that the Board may lay down the criteria to be followed by the Director while
exercising powers and performing his duties, which shall be evaluated by the Board annually,
and if the Board is of the opinion that such criteria has not been followed, then, the Board
may, after giving an opportunity of being heard to the Director, initiate action for removal of
such Director under sub-section (7).
(5) The Director shall, except on account of resignation or removal, hold office for a
term of five years, from the date on which he enters upon his office.
(6) The Director may, by notice in writing under his hand addressed to the Board,
through the Chairperson, resign his office at any time.
(7) The Board may remove from office the Director, who—
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Board, 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
his functions as a Director; or
(e) has so abused his position or so conducted himself as to render his
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 Board, after an enquiry instituted by it in which the Director has been informed of the
charges against him and given a reasonable opportunity of being heard in respect of those
charges.
(8) Where the post of Director is likely to fall vacant on account of completion of
tenure, the Board shall initiate the process of appointment nine months prior to the occurrence
of such vacancy.
(9) Where the post of Director falls vacant on account of any reason, the Board may
appoint the senior-most faculty in the institution as the Director in charge till a regular
Director is appointed:
Provided that if the senior-most faculty is not willing to hold the post of Director in
charge, then the next senior-most willing faculty may be appointed as Director in charge.
17. (1) The Board may initiate an inquiry as deemed proper against the Institute which
has not been functioning in accordance with the provisions and the objectives of the Act:
Provided that such an inquiry shall be conducted by a retired High Court Judge.
(2) The Board may, based on the findings of such an inquiry, remove the Director or
take any other action deemed fit, and the Insitute shall be bound to comply with such
directions within reasonable time.
Initiation of
inquiry.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
18. The Board may designate any officer or officers of the Institute as the custodian of
records, common seal, funds of the Institute and any other property of the Institute.
19. The members of the societies referred to at serial numbers 2 and 3 under
column (3) of the Schedule, may be engaged by the respective Boards of corresponding
Institutes, for advisory assistance to it, by passing a resolution in that behalf.
20. (1) The Board may, constitute such committees and other authorities of the Institute
and specify the duties and functions of each such committees and authorities by regulations.
(2) The Board may constitute such ad hoc committees as it may deem fit, for proper
management of affairs of the Institute.