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) Every existing Institute referred to in column (5) of the Schedule 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
the said name, sue or be sued.
5. On and from the commencement of this Act,—
(a) any reference to a Society in any contract or other instrument shall be deemed
as a reference to the corresponding Institute mentioned in column (5) of the Schedule;
(b) all properties, movable and immovable, of or belonging to every existing
Institute shall vest in the corresponding Institute mentioned under column (5) of the
Schedule;
(c) all rights and debts and other liabilities of every existing Institute mentioned
in column (3) of the Schedule 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 every existing Institute mentioned in column (3)
of the Schedule, 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
Declaration
of certain
institutions as
institutions of
national
importance.
Incorporation
of Institutes.
Effect of
incorporation
of Institutes.
Definitions.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
continue to do so unless and until his employment is terminated or until such tenure,
remuneration and 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
case of permanent employees and one month’s remuneration in the case of other
employees:
Provided further that any reference, by whatever form of words, to the Director,
Registrar and other officers of an existing Institute mentioned in column (3) of the
Schedule, in any law for the time being in force, or in any instrument or other document,
shall be construed as a 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 every existing Institute mentioned in column (3) of the Schedule,
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, mentioned in column (3) of the Schedule,
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. Each Institute shall have the following objects, namely:—
(a) to emerge amongst the foremost institutions in information technology and
allied fields of knowledge;
(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,
appointments to various positions, academic evaluation, administration and finance.
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 instruction in such fields of knowledge concerning information
technology and allied areas as such Institute may think 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 think fit,
including in collaboration or in association with any other Institute, educational
institution, research organisation or body corporate;
(c) to hold examinations and grant degrees, diplomas and other academic
distinctions or titles; and to confer honorary degrees;
(d) to institute teaching, research or other academic positions, required by the
Institute with such designations as it may deem fit, and to appoint persons on tenure,
term or otherwise to such positions, other than the post of Director in accordance with
the policy laid down by the Council;
Objects of
Institute.
Powers and
functions of
Institute.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(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 in
accordance with the policy laid down by the Council;
(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 the charges, as the Institute may
deem fit, from person, institution or body corporate for 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 advancing the objects of the Institute:
Provided that where the land for the Institute has been provided free of cost by
a State Government, such land may be disposed of only with the prior approval of such
State Government;
(k) to receive gifts, grants, donations or benefactions from the Government and
to receive bequests, donations and transfers 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 objects of the Institute;
(n) to institute and award fellowships, scholarships, exhibitions, prizes and medals;
(o) to strive to meet the technological needs of the States and the Union territories
by supporting technical educational institutions; and
(p) to do all such things as may be necessary, incidental or conducive to the
attainment of all or any of the objects of the Institute.
(2) Notwithstanding anything contained in clause ( j), an Institute shall not dispose of
in any manner any immovable property, without the prior approval of the Visitor.
8. (1) Every Institute shall be open to all persons 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 Council 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:
Institute to be
open to all
races, creeds
and classes.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
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. Each 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.
11. (1) The President of India shall be the Visitor of every Institute.
(2) The Visitor may appoint one or more persons to review the work and progress of
any Institute and to hold inquiries into the affairs thereof and to report thereon in such
manner as the Visitor may direct.
(3) Upon receipt of any such report, the Visitor may take such action and issue such
directions as he considers necessary in respect of any of the matters dealt with in the
report and the Institute shall be bound to comply with such directions within a reasonable
time.