Indian Institute of Management Amendment Rules

7106 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 652] NEW DELHI, SATURDAY , NOVEMBER 11, 2023/ KARTIKA 20, 1945 CG-DL-E-11112023-250028 MINISTRY OF EDUCATION (Department of Higher Education ) NOTIFICATION New Delhi, the 10th November , 2023 G.S.R. 834(E). — In exercise of the powers conferred by clauses (a), (aa), (b), (ba) and (bb) of sub -section (2) of section 34 of the Indian Institutes of Management Act, 2017 (33 of 2017), the Central Government, hereby makes the following rules further to a mend the Indian Institutes of Management Rules, 2018, namely: — 1. Short title and commencement. — (1) These rules may be called the Indian Institutes of Management (Amendment) Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Indian Institutes of Management Rules, 2018 (hereinafter referred to as the principal rules) , in rule 3, — (a) sub-rules (iii), (vi), (vii) and (viii) shall be omitted; (b) in sub -rule (x), for the words “No Chairperson can be removed”, the words “No recommendation for removal of Chairperson shall be forwarded to the Visitor” shall be substituted; and (c) in sub -rule (xi), after the words “agenda for”, the words “recommendation to the Visitor for” shall be inserted. 3. In the principal rules, in rule 4, in sub -rule (1), — (a) for the words “ Chairperson of the Board, one eminent person and one alumni to be selected by the Board”, the words “Chairperson of the Board of the concerned Indian Institute of Management, one Visitor’s nominee and one eminent person selected by the Board of the concern ed Indian Institute of Management” shall be substituted ; (b) the words “The Committee shall act in accordance with the regulations made by the Board.” shall be omitted; (c) the words “The Board shall select the member from the panel of names recommended by the Boa rd of Governor’s Nomination Committee.” Shall be inserted at the end. 4. After rule 6 of the principal rules, the following rule shall be inserted, namely: — “6A. Procedure for selection of the Director. — (1) Board shall send a panel of three names from the panel of names recommended by the search -cum-selection committee, in alphabetical order to the Visitor. Provided that where the Board is not satisfied with the names recommended by the search -cum- selection committee, the Board may ask the search -cum-selection committee to make fresh recommendations. (2) The Visitor shall nominate one of the names recommended by the Board and send the same to the Board for appointment of the person as Director: Provided that where the Visitor is not satisfied with the names recommended by the Board, he or she may ask the Board to make fresh recommendations. (3) If the Visitor is not satisfied with the panel of names recommended by the Board, the Board shall get a fresh panel of three names recommended as per the provisions of sub -section (3) of section 16 of the Act , through the same search -cum-selection committee or a fresh search -cum-selection committee.”. 5. In rule 7 of the principal rules, in sub -rule (1), — (a) in clause (iii), for the words “distinguished academic with PhD or equivalent”, the words “distinguished academic with first class degree in both Bachelor’s and Master’s level, and with PhD or equivalent from a reputed institute,” shall be substituted; (b) after clause (xix ), the following clause shall be inserted, namely: — “(xx) Notwithstanding anything contained in any of the clauses of this sub -rule, if the Visitor decides that the services of the Director may be terminated or the Director may be relieved from the services of the Institute, the Board shall be bound to follow the decision of the Visitor.”. 6. After rule 7 of the principal rules, the following rules shall be inserted, namely: — “8. Suspension or dissolution of the Board of Governors of the Institute . – (1) If, at any time, the Visitor is of the opinion, — (a) that, on account of circumstances beyond the control of the Board, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or (b) that the Board has persistently defaulted in complying with any direction given by the Visitor under this Act or in the discharge of the functions or performance of the duties imposed on it by or under provisions of this Act and as a result of such default ac ademic position of the Institute or the Governance of the Institute has suffered; or (c) that circumstances exist which render it necessary in the public interest so to do, the Visitor may, by order, dissolve the Board and appoint a person or persons as the Chairperson and members of an interim Board, as the case may be, for such period, not exceeding six months, and direct them to exercise powers and discharge functions under the Act. (2) Upon issuance of an order under sub -rule (1), dissolving the Board, — (a) the Chairperson and non ex-officio members of the Board shall, as from the date of dissolution, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of the Act, be exercised or discharged by or on behalf of the Board shall, until the Board is reconstituted under section 10 of the Act, be exercised and discharged by the person or persons referred to in sub -rule (1). (3) On or before the expiration of the period of interim Board constituted under sub -rule (1), th e Visitor shall make a fresh nomination of the Chairperson of the Institute and fresh Chairperson and ex-officio members of the Board of the Institute shall complete selection of the non ex-officio members of the Board in accordance with the provisions of section 10 of the Act and rule 4. (4) Any person who had vacated his office under clause (a) of sub -rule (1) shall not be deemed to be disqualified for re -appointment. 9. Termination of services of Director . — (1) The service of the Director may be terminated by the Visitor at any time by giving three months’ notice in writing or in lieu of three months’ notice, an amount equivalent to the basic pay for three months. (2) The Director shall be given an opportunity to express the views before any direction is given under sub-rule (1). ”. [F. No. 8-10/2022-TS.V] PURNENDU KISHORE BANERJEE , Jt. Secy. Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), dated the 6th December, 2018, vide number G.S.R. 1181 (E), dated the 5th December, 2018 and subsequently amended vide number G.S.R. 302 (E), dated the 7th April, 2022 published in the Gazette of India, Extraordinary, Part II, section 3, su b-section (i), dated the 20th April, 2022. 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