Section 40 in The Indian Institutes of Information Technology Act, 2014

Title: Council of Institutes.

Description: (1) In order that there may be better coordination between the Institutes, the Central Government may, by notification in the Official Gazette, establish, with effect from such date as may be specified in the notification, there shall be established for all the Institutes specified in column (5) of the Schedule, a central body to be called the Council. (2) The Council shall consist of the following, namely:โ€” (i) the Minister of the Central Government in charge of technical education, who shall be the Chairperson of the Council, ex officio; (ii) two members of Parliament of India (one member to be nominated by Speaker of Lok Sabha and one member to be nominated by Chairperson of Rajya Sabha), ex officio; (iii) Secretary, Government of India, Ministry of Human Resource Development, Department of Higher Education; (iv) the Chairpersons of each of the Institutes, ex officio; (v) the Directors of each of the Institutes, ex officio; (vi) the Director-General, Council of Scientific and Industrial Research, ex officio; (vii) three persons to be nominated by the Central Government, one each to represent the Ministry concerned with Finance, Science and Technology and Information Technology; (viii) three persons to be nominated by Visitor, who shall be persons having special knowledge or practical experience in respect of industry, academia, engineering, alumni and social sciences to be nominated by the Council from a panel comprised of two names recommended by each Institute; (ix) one representative of University Grants Commission; (x) one representative of All India Council of Technical Education; and (xi) Chairperson, Central Board of Secondary Education. (3) An officer of the Department of Higher Education, Government of India, concerned with technical education shall be nominated by that Government to act as the Secretary of the Council. (4) The Council may, at its discretion, constitute a Standing Committee of the Indian Institute of Information Technology Council to assist the Council in discharge of its duties and responsibilities. (5) The expenditure on the Council shall be met by the Central Government.

Title: Term of office and allowances payable to members of Council.

Description: (1) Save as otherwise provided in this section, the term of office of a member of the Council, other than an ex officio member, shall be for a period of 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 elected under clause (ii) of sub-section (2) of section 40 shall expire as soon as he ceases to be a member of the House which elected him. (4) 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. (5) Members of the Council shall be entitled to travelling and such other allowances, as may be prescribed, for attending meetings of the Council or its Committees thereof.

Title: Function and duties of Council.

Description: (1) The Council shall work to coordinate the activities of all the Institutes. (2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:โ€” (a) to advise on matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the Institutes, admission standards and other academic matters; (b) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and free-ships, levying of fees and other matters of common interest; (c) to examine the development plans of each Institute and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; (d) to examine the annual budget estimates of each Institute and to recommend to the Central Government the allocation of funds for that purpose; (e) to recommend to the Central Government, the institution of scholarships including research and for the benefit of students belonging to the Scheduled Castes, the Scheduled Tribes and Other Backward Classes of citizens; (f) to recommend to the Central Government, proposals for establishment of new Institutes of Information Technology; (g) to advise the Visitor, if so required, in respect of any function to be performed by him under this Act; and (h) to perform such other functions as may be referred to it by the Central Government: Provided that nothing in this section shall derogate the powers and functions vested by law in the Board or Senate or other authorities of each Institute. (3) The Chairperson of the Council shall ordinarily preside at the meetings of the Council and in his or her absence, any other member, chosen by the Members present from amongst themselves at the meeting, shall preside at the meeting. (4) The Council shall meet once in every year and follow such procedure in its meetings as may be prescribed.

Title: Power to make rules in respect of matters in this Chapter.

Description: (1) The Central Government may, after previous publication, by notification, make rules to carry out the purposes of this Chapter. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:โ€” (a) the travelling and other allowances payable to members of the Council under sub-section (5) of section 41; (b) the procedure to be followed in the meetings of the Council under sub-section (4) of section 42.

Title: Acts and proceedings not to be invalidated by vacancies, etc.

Description: No act of the Council, or any Institute, Board or Senate or any other body set-up under this Act or the Statutes, shall be invalid merely by reason ofโ€” (a) any vacancy in or defect in the constitution thereof; (b) any irregularity in its procedure not affecting the merits of the case; (c) any defect in the selection, nomination or appointment of a person acting as a member thereof.