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The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017

Year of Passage: 2017 | Type: Bare Act

Section 1 Short title and commencement.

(1) This Act may be called the Indian Institutes of InformationTechnology (Public-private Partnership) Act, 2017. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

Section 2 Declaration of certain institutions as institutions of national importance.

Whereas the objects ofthe Institutes 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) On and from the appointed day, any other Institute of Information Technology as may beestablished under section 11 shall be a body corporate by such name as the Central Government may, bynotification, specify. (3) Every existing Institute or any Institute established under sub-section (2) shall have perpetualsuccession and a common seal, with power, subject to the provisions of this Act, to acquire, hold anddispose of property, both movable and immovable, and to contract, and shall, by its name, sue or be sued.

Section 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 bereference 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 thecorresponding 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 therights 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 holdhis office or service in the corresponding Institute mentioned in column (5) of the Schedule, with the sametenure, at the same remuneration and upon the same terms and conditions and with the same rights andprivileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same ifthis Act had not been enacted and shall continue to do so unless and until his employment is terminated oruntil 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 beterminated by the Institute in accordance with the terms of the contract with the employee or, if noprovision is made therein in this behalf, on payment to him by the Institute of compensation equivalentto three months' remuneration in the case of permanent employees and one month's remuneration incase of other employees: Provided further that any reference, by whatever form of words, to the Director, Registrar and otherofficers of any existing Institute, in any law for the time being in force, or in any instrument or otherdocument, shall be deemed to be reference to the Director, Registrar and other officers of thecorresponding Institute mentioned in column (5) of the Schedule; (e) every person pursuing, before the commencement of this Act, any academic or research course inany existing Institute, shall be deemed to have migrated and registered with the corresponding Institutementioned in column (5) of the Schedule, on such commencement at the same level of course in theInstitute from which such person migrated; (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 mentioned in column (5) of the Schedule.
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