Section 35 in The Indian Institute of Management Act, 2017

Title: Power to make regulations

Description: (1) The Board may, by notification, make regulations not inconsistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) tenure, remuneration and terms and conditions of employees of existing Institute under clause (d) of section 5; (b) admission of candidates to the various courses of study under clause (b) of section 7; (c) the manner of nominating the members from the faculty of respective Institutes under clause (e) of sub-section (2) of section 10; (d) the conferment of honorary degrees under clause (g) of sub-section (2) of section 11; (e) the number of posts, emoluments and the duties and conditions of service of the academic, administrative, technical and other staff under clause (j) of sub-section (2) of section 11; (f) determine performance objectives on the basis of which variable pay may be paid to the Director under clause (i) of sub-section (2) of section 11; (g) to specify by regulations, the fees to be charged for course of study and examinations in the Institute under clause (m) of sub-section (2) of section 11; (h) the manner of formation of Departments of teaching under clause (n) of sub-section (2) of section 11; (i) the institution of fellowships, scholarships, exhibitions, medals and prizes under clause (o) of sub-section (2) of section 11; (j) the qualifications, classification, terms of office and method of appointment of the academic, administrative, technical and other staff of the Institute under clause (p) of sub-section (2) of section 11; (k) the constitution of pension, insurance and provident funds for the benefit of the academic, administrative, technical and other staff under clause (q) of sub-section (2) of section 11; (I) the establishment and maintenance of buildings under clause (r) of sub-section (2) of section 11; (m) the conditions of residence of students of the Institute and levying of fees for residence in the halls and hostels and of other charges under clause (s) of sub-section (2) of section 11; (n) the manner of authentication of the orders and decisions of the Board under clause (t) of sub-section (2) of section 11; (o) the meetings of the Board, the Academic Council or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business under clause (u) of sub-section (2) of section 11; (p) the financial accountability of the Institute under clause (v) of sub-section (2) of section 11; (q) delegate such powers and functions of the Board to the Director under sub-section (3) of section 11; (r) the qualifications, experience and the manner of selection of the independent agency or group of experts under sub-section (5) of section 11; (s) allowances of the members of the Board for attending meetings under sub-section (6) of section 12; (t) such other powers and functions of the Academic Council under sub-section (2) of section 15; (u) the powers and duties of the Director under sub-section (4) of section 16; (v) constitution of such committees and other authorities of the Institute and their duties and functions under sub-section (1) of section 20; (w) the manner of depositing or investing the moneys credited to the Fund of every Institute under sub-section (2) of section 21; (x) the manner of application of the Fund of the Institute under sub-section (4) of section 21; and (y) any other matter which is to be or may be, specified by regulations.

Title: Ordinances how made

Description: (1) Save as otherwise provided in this section, Ordinance shall be made by the Academic Council. (2) Subject to the provisions of this Act and the rules and regulations made thereunder, the Ordinances of every Institute may provide for all or any of the following matters, namely:— (a) the admission of 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 model 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 is to be or may be provided for by the Ordinances. (3) All Ordinances made by the Academic Council 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. (4) 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.

Title: Rules and regulations to be laid before Parliament

Description: Every rule made by the Central Government and the first regulation made by the Board under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation shall not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

Title: Power to remove difficulties

Description: (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of the period of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

Title: Transitional provisions

Description: (1) Notwithstanding anything contained in this Act:— (a) the Board of every Institute functioning as such immediately before the commencement of this Act shall continue to so function until a new Board is constituted for that Institute under this Act, but on the constitution of a new Board under this Act, the members of the Board holding office before such constitution shall cease to hold office; (b) every Academic Council or Faculty Council, as the case may be, constituted in relation to every Institute before the commencement of this Act shall be deemed to be the Academic Council constituted under this Act until an Academic Council is constituted under this Act for that Institute, but on the constitution of the new Academic Council under this Act, the members of the Academic Council or Faculty Council, as the case may be, holding office before such constitution shall cease to hold office; (c) until the first regulations are made under this Act, the rules, and bye-laws of each Institute as in force, immediately before the commencement of this Act shall continue to apply to the Institute in so far as they are not inconsistent with the provisions of this Act. (2) The Central Government may, without prejudice to the provisions of this Act, if it considers so necessary and expedient, by notification, take such measures, which may be necessary for the smooth transfer of the existing Institute to the corresponding Institute.