Section 10A in The Indian Institutes of Management Act, 2017
10A. Visitor.
(1)The President of India shall be the Visitor of every Institute.(2)The Visitor may appoint one or more persons to review the work and progress of any Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct.(3)The Board may also recommend to the Visitor, an inquiry as deemed proper against the Institute which has not been functioning in accordance with the provisions and objectives of this Act.(4)Upon receipt of any such report referred to in sub-section (2), the Visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the Institute shall be bound to comply with such directions.".
11. Powers and functions of Board.
(1)Subject to the provisions of this Act, the Board of every Institute shall be responsible for the general superintendence, direction and control of the affairs of the Institute and shall have the power to frame or amend or modify or rescind the regulations governing the affairs of the Institute to achieve the objects of the Institute specified in section 6.(2)Without prejudice to the provisions of sub-section (1), the Board shall have the following powers, namely:-(a)to take decisions on questions of policy relating to the administration and working of the Institute;(b)to examine and approve the annual budget estimates of the Institute;(c)to examine and approve the plan for development of the Institute and to identify sources of finance for implementation of the plan;(d)to establish departments, faculties or schools of studies and initiate programmes or courses of study at the Institute;(e)to set-up centres of management studies and allied areas within the country under intimation to the Central Government;(f)to grant degrees, diplomas and other academic distinctions or titles, and to institute and award fellowships, scholarships, prizes and medals;(g)to confer honorary degrees in such manner as may be specified by the regulations;(h)to grant honorary awards and other distinctions;(i)to create academic, administrative, technical and other posts and to make appointments thereto:Provided that the cadre, the pay scales, allowances and term of employment of such posts shall be such as may be determined by the Central Government;(j)to determine, by regulations, the number and emoluments of such posts and to define the duties and conditions of services of the academic, administrative, technical and other staff;(k)to set-up centres of management studies and allied areas outside India in accordance with guidelines laid down by the Central Government from time to time and in accordance with the provisions of the laws for the time being in force in such foreign country;(l)to pay, variable pay to the Director of the Institute on the basis of performance objectives as may be specified by the regulations;(m)to specify by regulations, the fees to be charged for courses of study and examinations in the Institute;(n)to specify by regulations the manner of formation of department of teaching;(o)to specify by regulations the institution of fellowships, scholarships, exhibitions, medals and prizes;(p)to specify by regulations the qualifications, classification, terms of office and method of appointment of the academic, administrative, technical and other staff of the Institute;(q)to specify by regulations the constitution of pension, insurance and provident funds for the benefit of the academic, administrative, technical and other staff;(r)to specify by regulations, the establishment and maintenance of buildings;(s)to specify by regulations, the conditions of residence of students of the Institute and levying of fees for residence in the halls and hostels and of other charges;(t)to specify by regulations, the manner of authentication of the orders and decisions of the Board;(u)to specify by regulations, the quorum for meetings of the Board, the Academic Council or any Committee, and the procedures to be followed in the conduct of their business;(v)to specify by regulations, the financial accountability of the Institute; and(w)to exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the rules made thereunder.(3)Subject to the provisions of this Act, the Board may by regulations, delegate such powers and functions of the Board to the Director as it may deem fit.(4)The Board shall conduct an annual review of the performance of the Director, in the context of the achievements of objects of the Institute:Provided that such review shall include performance reviews of faculty members of the Institute on such parameters, periodicity and terms of reference as may be determined by the Board.(5)The Board shall, through an independent agency or group of experts, within a period of three years from the date of incorporation of the Institute, and thereafter at least once every three years, evaluate and review the performance of the Institutes, including its faculty, on the parameters of long term strategy and rolling plans of the Institutes and such other parameters as the Board may decide and the report of such review shall be placed in public domain.(6)The qualifications, experience and the manner of selection of the independent agency or group of experts, referred to in sub-section (5), shall be such as may be specified by regulations.(7)The report of the evaluation and review under sub-section (5) shall be submitted by the Board to the Central Government along with an action taken report thereon.(8)Where in the opinion of the Chairperson or the Director the situation is so emergent that an immediate decision need to be taken in the interest of the Institute, the Chairperson, in consultation with the Director may issue such orders as may be necessary, recording the grounds for his opinion:Provided that such orders shall be submitted for ratification by the Board in the next meeting.(9)The Board shall in the exercise of its power and discharge of its functions under this Act, be accountable to the Central Government.
12. Term of office of, vacancies among, and allowances payable to members of Board.
(1)Save as otherwise provided in this section, the term of office of the Chairperson or any other member of the Board, other than an ex officio member, shall be four years from the date of his appointment or nomination:Provided that the term of office of a member nominated under clause (e) of sub-section (2) of section 11 shall be two years from the date of his nomination:Provided further that the Chairperson, or any other member of the Board, other than an ex officio member, may be appointed or nominated for a second term:Provided also that the Chairperson or any other member of the Board, other than an ex officio member, shall not be appointed or nominated for more than two consecutive terms.(1A)Notwithstanding anything contained in this section, an outgoing Member shall, unless the Board otherwise directs, continue in office until another person is appointed or nominated as a Member in his place.(2)The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member of the Board.(3)A member of the Board, other than a nominee of the Central Government or the State Government, who fails to attend three consecutive meetings of the Board without permission of the Chairperson, shall cease to be a member of the Board.(4)A casual vacancy of a member shall be filled up in accordance with the provisions of section 10.(5)The term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been so nominated.(6)Members of the Board shall be entitled to such allowances, as may be specified in the regulations, for attending meetings of the Board.(7)The Board shall meet at least once in every three months.
13. Resignation of Chairperson.
- The Chairperson may, by notice in writing under his hand addressed to the Board, resign from his office.
14. Academic Council.
(1)The Academic Council shall be the principal academic body of every Institute, consisting of the following persons, namely:-(a)Director of the Institute, who shall be the Chairperson of the Academic Council;(b)Deans in charge of academics, research, student affairs and such other functions of the Institute;(c)Chairs of Areas or Programmes, Heads or Coordinators of Faculties or Schools or Centres or Departments, of the Institute;(d)all full time Faculty at the level of Professors and such number of other full time Faculty of the Institute as may be determined by the Board;(e)such members, by invitation of the Board on the recommendation of the Director, who are eminent in the fields of industry, finance, management, public administration and academics.(2)The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member.(3)The term of office of a member nominated under clause (d) of sub-section (1) shall be two years from the date of his nomination.
15. Power and functions of Academic Council.
(1)The Academic Council shall perform the following functions, namely:-(a)to specify the criteria and process for admission to courses or programmes of study offered by the Institute;(b)to specify the academic content of programmes and courses of study and undertake modifications therein;(c)to specify the academic calendar, guidelines for conduct of examination and recommend grant of degrees, diplomas and other academic distinctions or titles.(2)The Academic Council shall exercise such other powers and perform such other functions as may be conferred upon it, by this Act or the regulations or by the Board.
16. Director.
(1)The Director shall be the Chief Executive Officer of the Institute and shall provide leadership to the Institute and be responsible for implementation of the decisions of the Board.(2)The Director shall be appointed by the Board with prior approval of the Visitor, in such manner and subject to such terms and conditions of service as may be prescribed.(3)The Director shall be appointed out of the panel of names recommended by a search-cum-selection committee to be constituted by the Board consisting of—(a)the Chairperson of the Board, who shall be the Chairperson of the search-cum-selection committee;(b)one Member to be nominated by the Visitor; and(c)two Members chosen from amongst eminent administrators, industrialists, educationists, scientists, technocrats and management specialists.(3A)The procedure to be adopted for selection of the Director shall be such as may be prescribed.";(4)The Director shall exercise the powers and perform the duties as may be assigned to him under this Act or the regulations or as may be delegated to him by the Board:Provided that the Board may lay down the criteria to be followed by the Director while exercising powers and performing his duties, which shall be evaluated by the Board annually, and if the Board is of the opinion that such criteria has not been followed, then, the Board may, after giving an opportunity of being heard to the Director, initiate action for removal of such Director under sub-section (7).(5)The Director shall, except on account of resignation or removal, hold office for a term of five years, from the date on which he enters upon his office.(6)The Director may, by notice in writing under his hand addressed to the Board, through the Chairperson, resign his office at any time.(7)The Board, with prior approval of the Visitor, may remove from office the Director, who-(a)has been adjudged as an insolvent; or(b)has been convicted of an offence which, in the opinion of the Board, involves moral turpitude; or(c)has become physically or mentally incapable of acting as a Director; or(d)has acquired such financial or other interest as is likely to affect prejudicially his functions as a Director; or(e)has so abused his position or so conducted himself as to render his continuance in office prejudicial to the public interest:Provided that the Director shall not be removed from office except by an order made by the Board, after an enquiry instituted by it in which the Director has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.(8)Where the post of Director is likely to fall vacant on account of completion of tenure, the Board shall initiate the process of appointment nine months prior to the occurrence of such vacancy.(9)Where the post of Director falls vacant on account of any reason, the Board may appoint the senior-most faculty in the institution as the Director in charge till a regular Director is appointed:Provided that if the senior-most faculty is not willing to hold the post of Director in charge, then the next senior-most willing faculty may be appointed as Director in charge.(10)The services of the Director may be terminated by the Visitor, in such manner as may be prescribed.
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18. Custodian of records, etc.
- The Board may designate any officer or officers of the Institute as the custodian of records, common seal, funds of the Institute and any other property of the Institute.
19. Role of members of Society.
- The members of the societies referred to at serial numbers 2 and 3 under column (3) of the Schedule, may be engaged by the respective Boards of corresponding Institutes, for advisory assistance to it, by passing a resolution in that behalf.
20. Committees and other authorities.
(1)The Board may, constitute such committees and other authorities of the Institute and specify the duties and functions of each such committees and authorities by regulations.(2)The Board may constitute such ad hoc committees as it may deem fit, for proper management of affairs of the Institute.
