Indian Institutes of Information Technology (Public-Private Partnership) Act, 2017
No: 23 Dated: Aug, 09 2017
The Indian Institutes of Information Technology (Public-Private Partnership) Act, 2017
(Act No. 23 of 2017)
An Act to declare certain Indian Institutes of Information Technology established under public-private partnership as institutions of national importance, with a view to develop new knowledge in information technology and to provide manpower of global standards for the information technology industry and to provide for certain other matters connected with such institutions or incidental thereto.
Be it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title and commencement. - (1) This Act may be called the Indian Institutes of Information Technology (Public-private Partnership) Act, 2017.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Declaration of certain institutions as institutions of national importance. - Whereas the objects of the Institutes mentioned in the Schedule are such as to make them institutions of national importance, it is hereby declared that each such Institute is an institution of national importance.
3. Definitions. - 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, or a company established under the Companies Act, 2013, or society formed and registered under the Societies Registration Act, 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.
CHAPTER II
The Institutes
4. 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.
5. 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.