Section 48 of The Indian Institutes of Information Technology Act, 2014
- (1)Notwithstanding anything contained in this Act—
- (a)the Board of Governors of an Institute functioning as such immediately before the commencement of this Act shall continue to so function until a new Board is constituted for that Institute under this Act, but on the constitution of a new Board under this Act, the members of the Board holding office before the commencement of this Act shall cease to hold office;
- (b)every Senate constituted in relation to every Institute before the commencement of this Act shall be deemed to be the Senate constituted under this Act until a Senate is constituted under this Act for the Institute, but on the constitution of the new Senate under this Act, the members of the Senate holding office before the commencement of this Act shall cease to hold office;
- (c)the Statutes, Ordinances, rules, regulations and bye-laws of each existing Institute as in force, immediately before the commencement of this Act, shall continue to apply to the corresponding institute in so far as they are not inconsistent with the provisions of this Act until the first Statutes and the Ordinances are made under this Act;
- (d)any student who joined classes of the existing Institute on or after the academic year 2007-2008 or completed the course on or after the academic year 2010-2011 shall for the purpose of clause (c) of sub-section (1) of section 7, be deemed to have pursued a course of study in the existing Institute located at Kancheepuram only if such student has not already been awarded degree or diploma for the same course of study.
- (2)The Central Government may, without prejudice to the provisions of sub-section (1), if it considers necessary and expedient to do so, by notification, take such measures which may be necessary for the transfer of the existing Institute mentioned in column (3) of the Schedule to the corresponding Institute mentioned under column (5) of the Schedule.
Summary
- The old Board of Governors and Senate of an existing institute will keep doing their jobs until a new Board and Senate are officially created under this new Act. Once the new bodies are formed, the old members lose their positions.
- All old rules, regulations, and bye-laws from before the Act keep working as long as they don't contradict the new Act, until new official Statutes and Ordinances are written.
- Students who joined the Kancheepuram institute on or after 2007-2008, or finished their course on or after 2010-2011, will be treated as pursuing a course under the new Institute's official powers (Section 7), but only if they haven't already received a degree for it.
- The Central Government can take necessary steps to officially transfer the old existing institutes into the new statutory Institutes created by this Act.
Practical examples
FAQ
1. Do the old leaders of the Institute get fired the moment the Act starts?
No, the existing Board and Senate continue to function until the new ones are officially constituted under the new Act.
2. Are all the old campus rules suddenly illegal?
No, old rules and bye-laws continue to apply as long as they do not conflict with the new Act, until new Statutes and Ordinances replace them.
3. Does the new Institute have to give a second degree to a Kancheepuram student who already got one in 2011?
No, the provision strictly says they are deemed to have pursued the course under the new powers "only if such student has not already been awarded degree or diploma for the same course of study."
Test yourself
Q1.Under Section 48 of The Indian Institutes of Information Technology Act, 2014, what happens to the existing Board of Governors immediately upon the commencement of the Act?
Q2.Under Section 48 of The Indian Institutes of Information Technology Act, 2014, under what condition do the old statutes and bye-laws of an existing Institute continue to apply?
Q3.Under Section 48 of The Indian Institutes of Information Technology Act, 2014, how does this section interact with Section 7 regarding Kancheepuram students?
Q4.Under Section 48 of The Indian Institutes of Information Technology Act, 2014, which specific academic years trigger the transitional degree rules for students at the Kancheepuram institute?
Q5.Under Section 48 of The Indian Institutes of Information Technology Act, 2014, what prevents a student from the Kancheepuram institute from receiving a degree under these transitional provisions?