The Indian Institutes of Information Technology Act, 2014 (Act no. 30 of 2014), which is to make declaration to the effect that, certain Institutes of Information Technology to be, the institutions of National Importance. Such Institutions as are enumerated under the Schedule annexed with this Act includes, Indian Institute of Information Technology, Allahabad (Uttar Pradesh), Indian Institute of Information Technology, Gwalior (Madhya Pradesh), Indian Institute of Information Technology, Design and Manufacturing, Jabalpur (Madhya Pradesh) and Indian Institute of Information Technology, Design and Manufacturing, Kancheepuram (Tamil Nadu). The Act is also makes provisions that such declaration as aforesaid, is to be made in order to develop new knowledge in the Information Technology and also for providing manpower of Global standards for the information technology industry. The Act was assented by the President of India, by 8th December, 2014. Notably, the Act is in pursuance of first educational bill passed this Modi Government.
The First chapter in the Act deals with certain preliminary provisions, including short titling Act, its commencement and also declaration of those aforementioned institutes as of National importance.
The Second chapter is important so far as it is connected with the incorporation of the institutes with the new names as has been provided under Schedule of this Act and it is specifically provided under the provisions of Section 4 of the Act that on such incorporation the institutes to be named with new name as provided and such institutions will have all features, more or less, as that of corporate body is having. So far as the effect of such incorporation is concerned, the provision of section 5 says that, any contract or instrument, any property, rights and liabilities, which the society was having in its name prior to the commencement of this Act, now the same should be treated as of the Institute which has been re-named under the Schedule and incorporated under the aforementioned provision. Even the employees or officers of that existing institutes now on the incorporation under this Act, should be treated as the employees and officers of the re-named Institutes respectively and all the conditions regarding their services including term, remuneration, etc. should be same as they were having prior to such incorporation. Similarly, anyone who is pursuing any research course in any of such existing Institutions should be migrated and registered with the same related institution. And every legal liabilities including proceedings or suits, etc. should also be treated as of re-named institutes’ as on such incorporation.
Moreover, the Section 6 enlisted certain objects of such institutes, which includes emerging amongst the foremost institutions in information technology and allied fields of knowledge, advancing new knowledge, innovations in same fields, etc. Further a number of powers and functions which the institute under this Act has to exercise and perform, have been provided under the list of clause under Section 7 of the Act. Most of them are concerning the development of Information technology education.
Every person irrespective of his or her caste, creed, race, etc. is having entrance in the each of such Institutes. Even such Institutes are required not to accept any gift, donation, etc. which is against this provisions. And every admissions in the programme studies conducted under these institutions to be bases on merit. However, rules for reservations as have been given under the provisions of the Central Educational Institutions (Reservation in Admission) Act, 2006 are to applicable for such institutes.
The President of India is empowered as Visitor of every such Institute for the purpose of reviewing the work and progress thereof, by appointing officers by such Visitor. The Visitor to take action against the report submitted by the appointed officers and can also give directions to be followed by such Institutions.
Another important chapter dealing with appointment of authorities of such Institute, which are enlisted in the section 12 of the Act, is Chapter III of the Act. Such authorities to include, the Board of Governors, Senate, Finance Committee, Building and Works Committee and Research Council. The provisions includes constitution of such Authorities and their powers and functions and also the terms and condition on which the members of such Authorities to serve. Moreover, the appointments of Directors of such Institutes are required to be made by the Central Government on recommendation of search cum selection committee and with the previous approval from the President of India. Such Search and Selection Committee should be constituted as per provisions of section 24. Similarly, section 25 deals with appointment of Registrar. Section 27 deals with constitution of committee for evaluation of Institutes 5 yearly performance.
The next chapter of the Act deals with accounts and audit. Section 28 says that the Central Government should provide a grant to the Institutes for its better performance, on every financial year. And the funds of Institute to be credited with such amounts as are enlisted under the provisions of section 29 of the Act.
Moreover, section 33 is important so far as it is related to the Statutes which should be procedure for appointment of staff, Registrar, etc. and also provides for other matters as are enumerated under said section. Similarly, the provisions of section 35 required to provide for Ordinances of the Institutes which should include the matters which are explained under that section.
Further, all the matters or disputes arising out of contract between employees of institute and institute itself, should be referred to Arbitration Tribunal on request of either party.
Further, the next chapter deals with provisions for establishment of Council as a Central Body to facilitate the co-ordination amongst the aforementioned Institutes. The sections under this chapter deals with such establishment of Council along with composition of such Council, and term and conditions and functions and responsibilities of Members and Council. And the Central Government is required to provide for rules to carry on the purpose of this Chapter. The last Chapter of the Act deals with certain miscellaneous provisions under this Act.
by Faim Khalilkhan Pathan.