Section 46 of The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017
Notwithstanding anything contained in this Act---
- (1)(a) the Board of every Institute functioning as such immediately before the commencement of this Act shall continue to 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 such 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 that 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)rules, bye-laws and Ordinances of each existing Institute as in force, immediately, before the commencement of this Act, shall continue to apply in the corresponding institute in so far as they are not inconsistent with the provisions of this Act, until the first Statutes and Ordinances are made under this Act;
- (d)in case there are no such rules, bye-laws or Ordinances, the Statutes, Ordinances, rules and regulations of one of the existing centrally funded Indian Institutes of Information Technology as adopted by the Board of the concerned Institute, shall apply to the Institute in so far as they are not inconsistent with the provisions of the Act until the first Statutes and the Ordinances are made under this Act.
- (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 to the corresponding Institute mentioned under column (5) of the Schedule.
Summary
- The old Board of an existing Institute keeps working until a new Board is officially set up under this Act.
- Once the new Board is set up, the members of the old Board immediately lose their jobs on the Board.
- The same rule applies to the Senate (the old Senate functions until the new one is created).
- The old rules, bye-laws, and Ordinances of an Institute stay in effect unless they conflict with this Act, but only until new ones are created.
- If an Institute does not have any old rules, it can borrow and apply the rules of an existing centrally funded Indian Institute of Information Technology until it makes its own.
- The Central Government can issue notifications to help transfer an old Institute into the new system.
Practical examples
FAQ
1. Do the old Board members get to finish their multi-year terms?
No, they cease to hold office the moment the new Board is constituted under this Act.
2. What happens if an Institute's old rules clash with the new Act?
The old rules are invalid if they are inconsistent with the provisions of the new Act.
3. What if a brand new Institute has zero rules in place?
The Board can adopt the rules, Statutes, and Ordinances of an existing centrally funded Indian Institute of Information Technology until they create their own.
4. Who handles the actual transfer of the existing Institutes?
The Central Government can take necessary measures by notification to ensure the transfer happens smoothly.
Test yourself
Q1.Under Section 46 of The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017, what happens to the members of an existing Board once a new Board is constituted under the Act?
Q2.Under Section 46 of The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017, under what condition do the old rules and bye-laws of an existing Institute continue to apply?
Q3.Under Section 46 of The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017, what is the solution if an existing Institute does not have any rules, bye-laws, or Ordinances of its own?
Q4.Under Section 46 of The Indian Institutes of Information Technology (Public-private Partnership) Act, 2017, what action can the Central Government take to facilitate the transition of an existing Institute?