Section 3 in The Indian Institutes of Information Technology (Publicprivate Partnership) Act, 2017
In this Act, unless the context otherwise requires,—
(a) “appointed day” means the date of establishment of the Institutes established under sub-section (2) of section 4;
(b) “Board”, in relation to any Institute, means the Board of Governors referred to in sub-section (1) of section 14;
(c) “Chairperson” means the Chairperson of the Board appointed under sub-section (2) of section 14;
(d) “Co-ordination Forum” means the Co-ordination Forum established under sub-section (1) of section 38;
(e) “Director” means the Director of the Institute;
(f) “existing Institute” means the Institute mentioned in column (3) of the Schedule;
(g) “industry partner” means an individual, or a trust established under the Indian Trusts Act, 1882, (2 of 1882) or a company established under the Companies Act, 2013 (18 of 2013) or society formed and registered under the Societies Registration Act, 1860 (21 of 1860) or a financial institution or a combination of one or more of such industry partners;
(h) “Institute” means any of the institutions mentioned in column (5) of the Schedule and such other Institutes established under section 11;
(i) “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “public-private partnership” means such partnership under a scheme of the Central Government which provides for establishment of Institute involving collaboration between the Central Government, the State Government and industry partners;
(l) “Schedule” means the Schedule to this Act;
(m) “Senate”, in relation to any Institute, means the Senate thereof;
(n) “Statutes” and “Ordinances”, in relation to any Institute, mean the Statutes and Ordinances of the Institute made under this Act.
Title: Incorporation of Institutes
(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.
Title: Effect of incorporation of Institutes
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.
Title: Objects of Institute
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.
Title: Powers and functions of Institute
(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
(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.