The IIIT-Delhi Act, 2007

Short title and commencement.—

1. (1) This Act may be called the IIIT-Delhi Act, 2007.
2. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

Definitions.— In this Act, unless the context otherwise requires,—

1. (a) "Academic Council" means the Academic Council of the Institute;
2. (b) "Board" means the Board of Governors of the Institute;
3. (c) "Chairperson" means the Chairperson of the Board;
4. (d) "Chancellor" means the Chancellor of the Institute;
5. (e) "Director" means the Director of the Institute;
6. (f) "employee" means any person appointed by the Institute and includes teachers and other staff of the Institute;
7. (g) "Finance Committee" means the Finance Committee of the Institute;
8. (h) "Government" means the Government of the National Capital Territory of Delhi;
   • (i) "Institute" means the Indraprastha Institute of Information Technology, Delhi established under section 3 of this Act;
9. (j) "notification" means a notification published in the official Gazette;
10. (k) "prescribed" means prescribed by Statutes or Ordinances or Regulations made under this Act;
11. (l) "Registrar" means the Registrar of the Institute;
12. (m) "Senate" means the Senate of the Institute;
13. (n) "Statutes", "Ordinances" and "Regulations" mean respectively the Statutes, Ordinances and Regulations of the Institute made under this Act;
14. (o) "teacher" means a Professor, Associate Professor, Assistant Professor, Lecturer or such other person as may be appointed for imparting instruction or conducting research in the Institute or in any College or Institution maintained by the Institute and designated as a teacher by the Ordinances.

Incorporation.

1. (1) The members of the first Board and the first Academic Council of the Institute and all persons who may hereafter become such members, so long as they continue to hold such membership, are hereby constituted a body corporate by the name of "the Indraprastha Institute of Information Technology, Delhi".
2. (2) The Institute shall have perpetual succession and a common seal and shall sue and be sued by the said name.
3. (3) The Institute shall be competent to acquire, hold and dispose of property, both movable and immovable, and to contract and shall do all things necessary for the purposes of this Act.
4. (4) The headquarters of the Institute shall be at Delhi.

Powers and objects of the Institute.

1. (1) The objects of the Institute shall be to establish, maintain and run a centre of excellence for information technology and allied areas of knowledge and to foster the advancement of education, research and innovation in such areas.
2. (2) In furtherance of the objects specified in sub-section (1), the Institute may exercise the following powers and perform the following functions, namely:—
   • (a) to provide for instruction and research in such branches of engineering, technology, management, sciences and other areas of study as the Institute may think fit;
   • (b) to conduct courses for teachers, scholars and other personnel employed in the Institute or elsewhere;
   • (c) to hold examinations and to grant degrees, diplomas, certificates and other academic distinctions or titles;
   • (d) to confer honorary degrees or other academic distinctions;
   • (e) to institute and award fellowships, scholarships, exhibitions, prizes and medals;
   • (f) to provide for the printing, publication and distribution of research papers, periodicals and books;
   • (g) to enter into agreements with any person, body or authority for the establishment and maintenance of endowments for research, including the provision for fellowships, scholarships, prizes and medals and for other purposes related to the advancement of knowledge;
   • (h) to establish and maintain halls and hostels for the residence of students and centres of health, sports and extra-curricular activities;
     • (i) to demand and receive such fees and other charges as may be specified by the Statutes;
   • (j) to exercise all powers necessary or convenient for the purposes of the Institute and to promote its objects;
   • (k) 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;
   • (l) to act as a mentor, catalyst or facilitator for other institutions and to provide training or consultancy in the areas of its competence;
   • (m) to accept, hold and manage any endowments, donations or funds which may become vested in it for the purposes of the Institute by grant, testamentary disposition or otherwise and to invest such funds in such manner as may be prescribed;
   • (n) to borrow money with the approval of the Board on the security of the property of the Institute or otherwise for the purposes of the Institute;
   • (o) to create academic, administrative and other posts and to make appointments thereto;
   • (p) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be required in order to further the objects of the Institute.

Institute to be open to all races, creeds and classes:

1. (1) The Institute shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the Institute to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the Institute or to be admitted thereto or to graduate thereat or to enjoy or exercise any privilege thereof. (2) Provided that nothing in this section shall be deemed to prevent the Institute from making special provisions for the employment or admission of any category of persons, including, but not limited to, those belonging to the National Capital Territory of Delhi, or for women, or for the socially and educationally backward classes of citizens, or for the Scheduled Castes or the Scheduled Tribes.

Funding of the Institute:

1. (1) The Institute shall be funded by the Government of the National Capital Territory of Delhi, and other sources as may be approved by the Board.
2. (2) The Institute may receive funds from the Government of India, the University Grants Commission, other state governments, international organizations, private foundations, or through income generated from its own research, consultancy, or other academic activities.
   • (a) All funds received shall be credited into the Institute’s fund, which shall be maintained in such manner as may be specified in the Statutes.
   • (b) Such funds shall be applied towards meeting the expenses of the Institute, including the payment of charges for its salaries, allowances, and other expenditures in connection with its functioning, in accordance with the provisions of this Act.

Teaching at the Institute

1. (1) All teaching at the Institute shall be conducted by or in the name of the Institute in accordance with the regulations made in this behalf by the Senate.
2. (2) Panels of suitable persons possessing the requisite qualifications for appointment as teachers of the Institute shall be prepared by the Boards of Academic Departments in such manner as may be prescribed by the Statutes, and the panels so prepared shall be revised from time to time.
3. (3) The Director shall be responsible for the organization of teaching at the Institute.

Authorities of the Institute The following shall be the authorities of the Institute, namely:—

1. (a) the General Council;
2. (b) the Board of Governors;
3. (c) the Senate; and
4. (d) such other authorities as may be declared by the Statutes to be the authorities of the Institute.

The General Council

1. (1) The General Council shall be the supreme governing body of the Institute and shall have the power to review the acts of the Board of Governors and the Academic Council, and shall exercise and perform all the powers and functions of the Institute, except where otherwise provided by this Act or the Statutes.
2. (2) The General Council shall consist of the following members, namely:—
   • (a) the Chancellor, who shall be the Chairperson;
   • (b) the Vice-Chancellor;
   • (c) the Secretary in-charge of the Department of Information Technology of the Government;
   • (d) the Secretary in-charge of the Department of Finance of the Government;
   • (e) the Secretary in-charge of the Department of Higher Education of the Government;
   • (f) the Director of the Institute;
   • (g) such other members as may be prescribed by the Statutes to represent the industry, civil society, alumni and other interests:

Term of office and vacancies among members of General Council Term of office and vacancies among members of General Council

1. (1) Save as otherwise provided in this Act, the term of office of the members of the General Council, other than the ex-officio members, shall be three years from the date of their nomination or appointment.
2. (2) A member of the General Council, other than an ex-officio member, may resign from his office by a letter addressed to the Chairperson and such resignation shall take effect from the date on which the same is accepted by the Chairperson.
3. (3) Any vacancy occurred in the General Council shall be filled in the same manner as provided in section 9 and the person appointed or nominated to fill the vacancy shall hold office for the remainder of the term of the member in whose place he is appointed or nominated.
4. (4) A member of the General Council shall be eligible for re-nomination or re-appointment.
5. (5) The General Council shall have the power to act, notwithstanding any vacancy in the membership or any defect in the constitution thereof, and the proceedings of the General Council shall be valid notwithstanding that some person who was not entitled to be a member sat or voted or otherwise took part in the proceedings.

Powers and functions of the General Council.—(1) The General Council shall be the supreme body of the Institute and shall have the following powers and functions, namely:—

1. (a) to advise on the broad policies and programmes of the Institute and suggest measures for its development;
2. (b) to consider and review the appointments, financial performance and the results of the Institute;
3. (c) to approve the rules and regulations of the Institute as proposed by the Board;
4. (d) to review the annual report and the audited accounts of the Institute;
5. (e) to advise the Board in regard to the strategic directions of the Institute; and
6. (f) to perform such other functions as may be prescribed.

1. (2) The General Council shall meet at least once in a year at such time and place as may be decided by the Chairperson.

The Board of Governors.—(1) The Board shall be the principal executive body of the Institute.

1. (2) The Board shall consist of the following members, namely:—
   • (a) the Chairperson, who shall be a person of eminence in the field of technology or education, to be appointed by the Visitor on the advice of the State Government;
   • (b) the Director, ex officio;
   • (c) two persons to be nominated by the State Government, one of whom shall be a representative of the Finance Department not below the rank of a Joint Secretary;
   • (d) two persons to be nominated by the Promoter (if the Promoter is other than the State Government);
   • (e) one person to be nominated by the industry;
   • (f) two professors of the Institute to be nominated by the Director by rotation, one of whom shall be a senior-most professor;
   • (g) the Registrar, who shall be the non-voting Secretary of the Board: Provided that the composition of the Board shall be such that the number of members nominated by the State Government and the Promoter shall be in harmony with the provisions of this Act.
2. (3) The Chairperson shall hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment.
3. (4) The Board shall have the power to manage all affairs of the Institute, including the power to appoint such committees as it considers necessary for the efficient exercise of its powers and performance of its duties.
4. (5) The Board shall be responsible for the management and administration of the affairs of the Institute and shall have all powers which are necessary or expedient for the purpose of giving effect to the provisions of this Act.
5. (6) The terms and conditions of service of the members of the Board shall be such as may be prescribed.

Powers and functions of the Board of Governors.—

1. (1) Subject to the provisions of this Act, the Board shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall exercise all the powers of the Institute not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Senate.
2. (2) Without prejudice to the provisions of sub-section (1), the Board shall—
   • (a) take decisions on questions of policy relating to the administration and working of the Institute;
   • (b) institute courses of study at the Institute;
   • (c) make Statutes;
   • (d) institute and appoint persons to academic as well as other posts in the Institute;
   • (e) consider and modify or cancel Ordinances;
   • (f) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the Institute for the next financial year as it thinks fit, together with a statement of its development plans;
   • (g) receive and acquire property on behalf of the Institute;
   • (h) provide for the welfare of the employees of the Institute;
     • (i) confer degrees, diplomas, certificates and other academic distinctions;
   • (j) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.
3. (3) The Board shall have the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act.

The Senate.—

1. (1) The Senate of the Institute shall consist of the following persons, namely:—
   • (a) the Director, ex officio, who shall be the Chairman of the Senate;
   • (b) the Professors of the Institute;
   • (c) such other members of the staff as may be determined by the Statutes;
2. (2) The Senate shall be the principal academic body of the Institute and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the Institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.

The Director

1. (1) The Director shall be appointed by the Chancellor on the recommendation of a Selection Committee consisting of the Chairperson, a nominee of the Government and an expert in the field of information technology to be nominated by the Board.
2. (2) The Director shall be the principal academic and executive officer of the Institute and shall be responsible for the proper administration of the Institute and for the imparting of instruction and maintenance of discipline therein.
3. (3) The Director shall possess such qualifications and experience and shall exercise such powers and perform such duties as may be specified by the Statutes.

The Registrar

1. (1) The Registrar shall be appointed by the Board and shall be a whole-time officer of the Institute.
2. (2) The Registrar shall have the power to authenticate records on behalf of the Institute and shall exercise such powers and perform such duties as may be specified by the Statutes.

Other officers and employees.—

1. (1) The Board may appoint such other officers and employees as it thinks necessary for the due and efficient discharge of the functions of the Institute under this Act and the Statutes.
2. (2) The manner of appointment and emoluments and other conditions of service of such officers and employees shall be such as may be provided by the Statutes.

Finance Committee.—

1. (1) The Finance Committee shall consist of the following members, namely:—
   • (a) the Director, who shall be the Chairperson;
   • (b) one person to be nominated by the Board from amongst its members;
   • (c) two persons to be nominated by the Government, one of whom shall be a representative of the Finance Department;
   • (d) the Registrar, who shall be the ex-officio Secretary.
2. (2) The Finance Committee shall perform such duties and exercise such powers as may be provided by the Statutes.

Grants and loans.—The Government may, after due appropriation made by the Legislative Assembly by law in this behalf, make to the Institute grants and loans of such sums of money as the Government may consider necessary.

Annual Report.—(1) The annual report of the Institute shall be prepared under the direction of the Board and shall be submitted to the Government on or before such date as may be prescribed by the rules and shall be laid by the Government before the Legislative Assembly.

1. (2) The annual report shall include a statement of the accounts of the Institute and the report of the auditors thereon.

Accounts and audit

1. (1) The Institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet, in such form as may be prescribed by the Regulations in accordance with such general directions as may be issued by the Government.
2. (2) The accounts of the Institute shall be audited by an auditor to be appointed by the Board and such auditor shall be a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 or any other person as may be designated by the Government.
3. (3) The accounts of the Institute as certified by the auditor together with the audit report thereon shall be forwarded annually to the Government and the Government may issue such instructions to the Institute in respect thereof as it deems fit and the Institute shall comply with such instructions.

Pension and provident fund

1. (1) The Institute shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, provident and insurance funds as it may deem fit.
2. (2) Where any such provident fund has been so constituted, the Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund as if it were a Government provident fund.

Appointments

1. (1) All appointments of the officers and staff of the Institute shall be made in accordance with the procedure laid down in the Statutes.
2. (2) Every appointment of a teacher or other member of the staff shall be made by specific order in writing.

Statutes Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—

1. (a) the conferment of honorary degrees;
2. (b) the formation of departments of teaching;
3. (c) the institution of fellowships, scholarships, exhibitions, medals and prizes;
4. (d) the term of office and the method of appointment of officers of the Institute;
5. (e) the resignation of officers of the Institute;
6. (f) the designation of officers of the Institute who may authenticate orders and other instruments on behalf of the Institute;
7. (g) the constitution of pension, insurance or provident fund for the benefit of the officers, teachers and other staff of the Institute;
8. (h) the maintenance of discipline among the students of the Institute;
   • (i) the procedure of the meetings of the Board and the Senate;
9. (j) the delegation of powers vested in the authorities or officers of the Institute; and
10. (k) all other matters which by this Act are to be, or may be, provided for by the Statutes.

Statutes how made

1. (1) The first Statutes of the Institute shall be made by the Board with the approval of the Visitor.
2. (2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the Board shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the Institute until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Board.
3. (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit it to the Board for consideration.
4. (4) A new Statute or a change to the Statutes shall have no validity unless it has been assented to by the Visitor.

Ordinances

1. (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:—
   • (a) the admission of the 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 of residence and duties of students of the Institute;
   • (f) the fees to be charged for courses of study in the Institute and for admission to the examinations of degrees and diplomas of the Institute;
   • (g) the conditions and mode of appointment and duties of examining bodies, examiners and moderators;
   • (h) the conduct of examinations;
     • (i) the maintenance of discipline among the students of the Institute; and
   • (j) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances.
2. (2) The first Ordinances of the Institute shall be made by the Director and the same may be amended or repealed at any time by the Board in such manner as may be prescribed by the Statutes.

Ordinances how made.—

1. (1) The Ordinances shall be made by the Senate.
2. (2) In particular and without prejudice to the generality of the foregoing power such Ordinances may provide for all or any of the following matters, namely:—
   • (a) the admission of the 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 of residence of students of the institute and the levying of the fees for residence in halls and hostels and other charges;
   • (f) the fees to be charged for courses of study in the institute and for admission to the examinations, degrees and diplomas of the institute; and
   • (g) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances.

Tribunal of Arbitration.—

1. (1) Any dispute arising out of a contract between the institute and any employee of the institute shall, at the request of the employee concerned or at the instance of the institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Board, one member nominated by the employee concerned, and an umpire appointed by the Visitor.
2. (2) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court.
3. (3) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section
4. (1) to be referred to the Tribunal of Arbitration.
5. (4) The Tribunal of Arbitration shall have the power to regulate its own procedure: Provided that in regulating its procedure the Tribunal shall follow the principles of natural justice.
6. (5) Nothing in this section shall affect the provisions contained in the Industrial Disputes Act, 1947 (14 of 1947).

Acts or proceedings not to be invalidated by vacancies.— No act or proceeding of the Board or any authority of the Institute or any Committee constituted under this Act shall be questioned on the ground merely of the existence of any vacancy or defect in the constitution of the Board, authority or Committee of the Institute.

Protection of action taken in good faith.— No suit or other legal proceeding shall lie against any officer or employee of the Institute for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or any statutes or ordinances made thereunder.

Power to remove difficulties.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of the National Capital Territory of Delhi.

Transitional provisions. Notwithstanding anything contained in this Act,—

1. (a) the Board of Governors of the Indraprastha Institute of Information Technology, Delhi, functioning as such immediately before the commencement of this Act, shall continue to so function until a new Board of Governors is constituted in accordance with the provisions of this Act, but on the constitution of a new Board of Governors under this Act, the members of the Board of Governors holding office before such constitution shall cease to hold office;
2. (b) the Director of the Indraprastha Institute of Information Technology, Delhi, holding office as such immediately before the commencement of this Act, shall continue to hold office on the same terms and conditions as if the provisions of this Act had not been enacted until a new Director is appointed in accordance with the provisions of this Act.