The Indian Institutes of Management (Amendment) Act, 2023.

THE INDIAN INSTITUTES OF MANAGEMENT (AMENDMENT) ACT, 2023 NO. 23 OF 2023 [11th August , 2023.] An Act further to amend the Indian Institutes of Management Act, 2017. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:–– 1. (1) This Act may be called the Indian Institutes of Management (Amendment) Act, 2023. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2.In section 4 of the Indian Institutes of Management Act, 2017 (hereinafter referred to as the principal Act), after sub-section ( 1), the following sub-section shall be inserted, namely:— '(1A) On and from the date of commencement of the Indian Institutes of Management (Amendment) Act, 2023, the National Institute of Industrial Engineering,Mumbai, shall be called the ‘‘Indian Institute of Management, Mumbai’’ and all theprovisions of this Act shall apply to the said Institute.'.Short title andcommencement. Amendment of section 4.33 of 2017.MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 11th August, 2023/ Sravana 20, 1945 ( Saka ) The following Act of Parliament received the assent of the President on the 11th August, 2023 and is hereby published for general information:—vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 26] ubZ fnYyh] 'kqØ okj] vxLr 11] [email protected] 20] 1945 ¼'kd½ No. 26] NEW DELHI, FRIDAY, AUGUST 11, 2023/SRAV ANA 20, 1945 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation.xxxGIDHxxx jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003 —23 REGISTERED NO. DL—(N)04/0007/2003—23 CG-DL-E-12082023-248043 CG-DL-E-12082023-248043 3. In section 5 of the principal Act,— (i) in clause ( d),— (a) for the words "every person employed by every existing Institute", the words "every person, other than a Director employed by every existingInstitute" shall be substituted; (b) after the second proviso, the following proviso shall be inserted, namely:— "Provided also that the provisions of the first proviso shall also be applicable to the Directors of the Institutes;"; (ii) after clause ( f), the following Explanation shall be inserted, namely:— ‘Explanation. —For the removal of doubts, it is hereby clarified that in relation to the Indian Institute of Management, Mumbai, the reference to thefollowing expressions in sections 4 and 5— (i) ‘‘On and from the commencement of this Act’’; (ii) ‘‘before such commencement’’; (iii) ‘‘before commencement of this Act’’; and (iv) ‘‘before the commencement of this Act’’, shall be construed as the reference to the date on which the provisions of the Indian Institutes of Management (Amendment) Act, 2023 comes into force.’. 4. In section 10 of the principal Act,— (a) in sub-section ( 2), in clause ( a), for the words "to be appointed by the Board", the words "to be nominated by the Visitor" shall be substituted; (b) after sub-section ( 5), the following sub-section shall be inserted, namely:— "(6) Notwithstanding anything contained in this section, if the Board is suspended or dissolved under such conditions or procedure as may beprescribed, the Central Government shall constitute an interim Board for a periodof six months or till a regular Board is constituted as per the provisions of thisAct.". 5. After section 10 of the principal Act, the following section shall be inserted, namely:— "10A. ( 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 insuch 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 provisionsand 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 respectof any of the matters dealt with in the report and the Institute shall be bound tocomply with such directions.". 6. In section 12 of the principal Act, after sub-section ( 1), the following sub-section shall be inserted, namely:— "(1A) Notwithstanding anything contained in this section, an outgoing Member shall, unless the Board otherwise directs, continue in office until another person isappointed or nominated as a Member in his place.".Amendmentof section 5. Amendment of section 10. Insertion of new section10A. Amendment of section 12.Visitor. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 7. In section 16 of the principal Act,— (a) in sub-section ( 2), for the words "appointed by the Board, on such terms", the words "appointed by the Board with prior approval of the Visitor, in such manner and subject to such terms" shall be substituted; (b) for sub-section ( 3), the following sub-sections shall be substituted, namely:— "(3) The Director shall be appointed out of the panel of names recommended by a search-cum-selection committee to be constituted by theBoard 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 managementspecialists. (3A) The procedure to be adopted for selection of the Director shall be such as may be prescribed."; (c) in sub-section ( 7), in the opening portion, for the words "The Board may remove from office the Director", the words "The Board, with prior approval of theVisitor, may remove from office the Director" shall be substituted; (d) after sub-section ( 9), the following sub-section shall be inserted, namely:— "(10) The services of the Director may be terminated by the Visitor, in such manner as may be prescribed.". 8. Section 17 of the principal Act shall be omitted. 9. In section 29 of the principal Act, in sub-section ( 2),— (i) for clause ( a), the following clause shall be substituted, namely:— "(a) an eminent person to be nominated by the Visitor as Chairperson;"; (ii) for clause ( d), the following clause shall be substituted, namely:— "(d) the Chairperson of each Institute—Member, ex officio ;". 10. In section 34 of the principal Act, in sub-section ( 2),— (i) for clause ( a), the following clauses shall be substituted, namely:— "(a) the conditions and the procedure subject to which the Board may be suspended or dissolved under sub-section ( 6) of section 10; (aa) such other powers and duties of the Board under clause ( w) of sub-section ( 2) of section 11;"; (ii) after clause ( b ), the following clauses shall be inserted, namely:— "(ba) the procedure to be adopted for selection of the Director under sub-section ( 3A) of section 16; (bb) the manner of termination of services of the Director under sub-section ( 10) of section 16;".Amendment of section 16. Omission of section 17. Amendment of section 29. Amendment of section 34. 11. In section 39 of the principal Act, in sub-section ( 1), after clause ( c), the following clauses shall be inserted, namely:— "(d) the Board of National Institute of Industrial Engineering, Mumbai, functioning as such immediately before the commencement of the Indian Institutes ofManagement (Amendment) Act, 2023 shall continue to so function until a new Boardis constituted for that Institute under this Act, but on such constitution of a newBoard under this Act, the Members of the Board holding office before suchconstitution shall cease to hold office; (e) the Academic Council constituted in relation to National Institute of Industrial Engineering, Mumbai, before the commencement of the Indian Institutes ofManagement (Amendment) Act, 2023 shall continue to so function until a new AcademicCouncil is constituted for that Institute under this Act, but on the constitution of anew Academic Council under this Act, the Academic Council of the National Instituteof Industrial Engineering, Mumbai shall cease to function; (f) until the first regulations in relation to National Institute of Industrial Engineering, Mumbai are made under this Act, the rules and bye-laws of the NationalInstitute of Industrial Engineering, Mumbai as in force immediately before thecommencement of the Indian Institutes of Management (Amendment) Act, 2023shall continue to apply to the National Institute of Industrial Engineering, Mumbaiwith necessary modifications and adaptations insofar as they are not inconsistentwith the provisions of this Act.". 12. On and from the date of commencement of the Indian Institutes of Management (Amendment) Act, 2023, in the Schedule to the principal Act, after Sl. No. 20 and the entriesrelating thereto, the following Sl. No. and entries shall be inserted, namely:— "21. Maharashtra National Institute Mumbai Indian Institute of Industrial of Management, Engineering, Mumbai, Mumbai.". a Society registeredunder the SocietiesRegistrationAct, 1860 (21 of 1860). ———————— DR. REETA VASISHTA, Secretary to the Govt. of India.Amendment of Schedule.Amendment of section 39. MGIPMRND—289GI(S3)—11-08-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—S EC. 1]