Section 1 Short title and commencement.
(1) This Act may be called the Indian Institutes of ManagementAct, 2017.
(2) It shall come into force on such date1 as the Central Government may, by notification in the OfficialGazette, appoint, and different dates may be appointed for different provisions of this Act.
Section 2 Declaration of certain institutions as institutions of national importance.
Whereas the objects of theInstitutes mentioned in the Schedule are such as to make them institutions of national importance, it ishereby declared that each such Institute is an institution of national importance.
Section 3 Definitions.
In this Act, unless the context otherwise requires,--
(a) "Academic Council" means the Academic Council referred to in section 14;
(b) "Board", in relation to any Institute, means the Board of Governors referred to insub-section (1) of section 10;
(c) "Chairperson" means the Chairperson of the Board of Governors of the Institutes appointedunder clause (a) of sub-section (2) of section 10;
(d) "Coordination Forum" means the Coordination Forum established under section 29;
(e) "corresponding Institute", in relation to an Institute mentioned in column (3) of the Schedule,means an Institute as specified against the said Institute in column (5);
(f) 1["Director" means] the Director of the Institute appointed under sub-section (2) of section 16;
(g) "existing Institute" means any Institute mentioned in column (3) of the Schedule;
(h) "Institute" means any Institute mentioned in column (5) of the Schedule;
(i) "notification" means a notification published in the Official Gazette and the expression "notify"with its cognate meanings and grammatical variation shall be construed accordingly;
(j) "Ordinances" means Ordinances made by the Academic Council under this Act;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "regulations" means regulations made by the Board;
(m) "Schedule" means the Schedule annexed to this Act;
(n) "society" means any of the societies registered under the Societies Registration Act, 1860(21 of 1860) or the Mysore Societies' Registration Act, 1960 (17 of 1960) or the Madhya PradeshSocieties Registration Act, 1973 (44 of 1973) or the Tamil Nadu Societies Registration Act, 1975(27 of 1975) or the Jammu and Kashmir Societies Registration Act, 1998 (VI of 1998) mentioned incolumn (3) of the Schedule.
Section 4 Incorporation of Institutes.
(1) On and from the commencement of this Act, every existingInstitute shall be a body corporate by the same name as mentioned in column (5) of the Schedule.
(2) Every Institute referred to in column (5) of the Schedule shall have perpetual succession and acommon 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.
Section 5 Effect of incorporation of Institutes.
On and from the commencement of this Act,
(a) any reference to an existing Institute in any contract or other instrument shall be deemed as areference to the corresponding Institute;
(b) all properties, movable and immovable, of or belonging to every existing Institute shall vest inthe corresponding Institute;
(c) all rights and debts and other liabilities of every existing Institute shall be transferred to, and bethe rights and liabilities of, the corresponding Institute;
(d) every person employed by every existing Institute immediately before such commencementshall hold his office or service in the corresponding Institute, with the same tenure, at the sameremuneration and upon the same terms and conditions and with the same rights and privileges as topension, leave, gratuity, provident fund and other matters as he would have held had this Act not beenenacted and shall continue to do so unless and until his employment is terminated or until such tenure,remuneration and terms and conditions are duly altered by regulations:
Provided that if the alteration so made is not acceptable to such employee, his employment may beterminated by the Institute in accordance with the terms of the contract with the employee, or, if no provisionis made therein in this behalf, on payment, to him by the Institute, of a compensation equivalent to threemonths' remuneration in case of permanent employee and one months' remuneration in the case of otheremployee:
Provided further that any reference, by whatever form of words, to the Director, and other officers ofan existing Institute under any law for the time being in force, or in any instrument or other document,shall be construed as a reference to the Director, and other officers of the corresponding Institutes;
(e) every person pursuing, before commencement of this Act, any academic or research course inevery existing Institute, shall be deemed to have migrated and registered with the correspondingInstitute, on such commencement at the same level of course in the Institute from which such personmigrated;
(f) all suits and other legal proceedings instituted or which could have been instituted by or against anexisting Institute, immediately before the commencement of this Act, shall be continued or instituted byor against the corresponding Institute.
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