Indian Institutes of Management Rules, 2018 (India Code Link)
G.S.R. 1181(E). - In exercise of the powers conferred by section 34 of the Indian Institutes of Management Act, 2017 (33 of 2017) the Central Government, hereby makes the following rules, namely: -
1. Short title and commencement. - (1) These rules may be called the Indian Institutes of Management Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. - (1) In these Rules, unless the context otherwise requires -
(a) "Act" means the Indian Institutes of Management Act, 2017 (33 of 2017); and
(b) "Director", means the Director of the Institute appointed under sub-section (2) of section 16 of the Act.
(2) Words and expressions used herein and not defined, but defined in the Act, shall have the same meanings assigned to them in the Act;
3. Appointment procedure of Chairperson of the Board. - (i) The appointment process of Chairperson shall begin at least three months prior to the completion of the tenure of the current incumbent and shall be completed thirty days before the completion of tenure of the current incumbent:
Provided that if the process of selection for the post of Chairperson is not completed within the time prescribed, the Board members from amongst themselves shall elect an acting Chairperson for a period not exceeding three months or till a regular Chairperson is appointed, whichever is earlier.
(ii) In case of vacancy arising out of resignation or death of the current incumbent, the Board members from amongst themselves shall elect an acting Chairperson for a period not exceeding three months or till a regular Chairperson is appointed, whichever is earlier.
(iii) There shall be a Search-cum-Selection Committee comprising of five eminent persons chosen from amongst administrators, industrialists, educationists, scientists, technocrats and management specialists to be constituted by the Board by a majority decision of the members present and voting and the quorum for Search-cum-Selection Committee meeting shall be two third of the members of the Committee.
(iv) Apart from the qualifications laid down in the Act, only such persons who have not completed seventy years of age as on the date of appointment, have no conflict of interest, and have not completed two terms, shall be considered for appointment as Chairperson.
(v) The tenure of Chairperson shall automatically come to an end, on completion of seventy four years of age or completion of four years as Chairperson, whichever is earlier.
(vi) The Search-cum-Selection Committee shall submit three names who possess the qualifications provided in clause (a) of sub-section (2) of Section 10 of the Act.
(vii) Apart from the names submitted by the Search-cum-Selection Committee, the Board may consider the name of the current incumbent provided the current incumbent has not completed two terms.
(viii) The selection of the Chairperson shall be made with the consent of at least two thirds of the members present and voting and more than fifty percent of the members of the Board in a special session to be convened at least thirty days prior to the completion of the tenure of the current incumbent.
(ix) Prior to the appointment of a person as Chairperson, he or she shall give a declaration that he or she has no conflict of interest in any manner with the affairs of the institute, and in case, any such conflict of interest arises at any later period during his or her tenure, shall resign from the position forthwith.
(x) No Chairperson can be removed except with consent of at least two thirds of the members present and voting and more than fifty percent of the members of the Board in a special session to be convened by giving at least fifteen days notice, from which the Chairperson shall recuse himself.
(xi) The special session of the Board of Governors to consider the agenda for removal of the Chairperson shall be convened by the Secretary to the Board of Governors on receipt of a Notice to the effect from not less than one third members of the Board.
(xii) In the event of absence or in the event of vacancy of the post of Chairperson, the Board shall elect one of the members of the Board of Governors to Chair the meeting.
4. Terms and conditions for the appointment of non ex-officio members of the Board. - (1) For selecting members under clause (d) and (g) of sub-section (2) and sub-section (3) of section 10 of the Act, the Board of an Institute shall constitute a "Board of Governors nominations Committee" consisting of the Chairperson of the Board, one eminent person and one alumni to be selected by the Board. The Committee shall act in accordance with the regulations made by the Board. The quorum for Board of Governors nominations Committee shall be two thirds of the members of the Committee.
(2) All vacancies in the Board shall be filled up as per the provisions of the Act and the rules and regulations made thereunder and the vacancy is filled up thirty days prior to the date of arising of the vacancy.
(3) Apart from the qualifications laid down in the Act, only such persons who have not completed seventy years of age as on the date of appointment and have not completed two terms, shall be considered for appointment as members under the rule.
(4) The tenure of non-ex-officio members of the Board shall automatically come to an end, on completion of seventy four years of age or on completion of four years as members, whichever is earlier.
(5) A member of the Board (including the Chairperson) shall cease to be such member if he or she :-
(i) resigns his or her membership; or
(ii) becomes of unsound mind; or
(iii) becomes insolvent; or
(iv) is convicted of criminal offence involving moral turpitude; or
(v) he or she accepts a full time appointment in the Institute; or
(vi) he or she fails to attend three consecutive meetings of the Board without the leave of the Chairperson.
(6) The Board shall co-opt members under clause (g) of sub-section (2) of section 10 of the Act who are alumnus of the institution, who have attended a long duration regular programme of not less than one year:
Provided that institutes which are in existence for less than twenty years can co-opt alumni of any other institute as member of their Board of Governors.
(7) Two members of the faculty of the respective institute shall be nominated by the Chairperson under clause (e) of sub-section (2) of section 10 of the Act, as per the regulations made by the Board:
Provided that for the Institutes which are less than ten years of existence, faculty members of the mentor institute may be nominated on the Board.
(8) Prior to the appointment of a person as member, he or she shall give a declaration that he or she has no conflict of interest in any manner with the affairs of the institute, and in case, any such conflict of interest arises at any later period during his or her tenure, shall resign from the position forthwith.
Provided further that if after a due process of inquiry, it is established that there is a conflict of interest of a Board Member and the Board comes to a conclusion that the said conflict of interest is adversely affecting the interest of the institute, then the Board may decide the said member shall not participate in the proceedings of the Board.
5. Functions of the Board. - In addition to the functions specified under clause (a) to (v) of sub-section (2) of section 11 of the Act, all institutes shall prepare a three years action plan, five years strategic plan and a fifteen years vision plan and submit it to the Government.
6. Terms and conditions of service of the Director of the Institute. - (1) (i) The age of applicant for the post of Director shall not be more than sixty years as on first day of January of the year of advertisement for the post.
(ii) The Director shall hold office for the tenure of appointment as specified in the Act or till he or she completes the age of sixty five years, whichever is earlier.
(iii) The applicant shall be a distinguished academic with PhD or equivalent having at least fifteen years teaching or research experience and shall have worked as a full Professor at a reputed institution for at least seven years; or shall have industry experience at a higher level for at least fifteen years.
(iv) No person shall be appointed as Director for more than two terms.
(v) The Director shall be appointed by the Board only after he or she, in case he or she is employed in an organization within the control of Government is clear from vigilance angle as certified by the institute concerned in which he or she is working, and in case of private person, no adverse police report is found after the police verification of his or her antecedents.
(vi) The person proposed to be appointed as Director shall be an Indian Citizen or a Overseas Citizen of India (OCI).
(vii) In case of sudden vacancy of post of Director on account of any reason, the process for filling up the post on regular basis shall be completed within a period of six months from the date of such vacancy.
(viii) In case, if the Director is on leave or on tour abroad for a period of more than a month, the senior most Professor of the institute or one of the Deans of the Institute shall be nominated as Director.
(ix) The Director may resign from the post by giving three months notice to the Board, which shall be deemed to be accepted, if no decision is taken within the three month period and the Director shall stand relieved on the expiry of notice period. The Director may withdraw his resignation at anytime of the notice period, if no decision has been taken on the subject:
Provided that, if the Board decides that the Director may be relieved with immediate effect without completion of the notice period, then the Director may be relieved by paying him salary for the remaining notice period.
(x) The Director may be removed by the Board in accordance with the procedure prescribed under subsection (7) of section 16 of the Act.
(xi) No Director shall be removed unless the Board approves the removal of Director with two thirds of the members present and voting and more than fifty percent of the members of the Board.
(xii) During the period of his service except in respect of any period of suspension and also of any period of leave without pay, the Director shall be entitled to the Pay Scale in level 17, as revised from time to time by the Government of India.
(xiii) The Director is entitled to draw allowances like Dearness Allowance, etc. as may be admissible from time to time as per rules of the Government of India.
(xiv) The Director shall be entitled to a furnished office-cum-residential accommodation in the campus of the Institute, free of license fee as may be sanctioned by the Board of Governors of the Institute, with provision for furnishing or renewal of furnishing subject to the limits as may be specified by regulations subject to a maximum limit of four times of the basic pay in a full tenure of five years. All the furnishings and fixtures shall be the property of the Institute.
(xv) The Director shall be eligible for staff car as per the scale under the staff car rules of Government of India for official use. For personal use of the car, the Director shall be liable to pay charges as per staff car rules of Government of India.
(xvi) The Director shall be paid entertainment allowance as per the regulations of the institute for entertainment of official guests at the residence and also outside the residence up to four percent of the basic pay per month. No voucher is required to be submitted for the purpose, a simple statement for expenditure shall be suffice for reimbursement.
(xvii) The Director shall be entitled for reimbursement of transport and travelling allowance of one month's basic salary, at the time of joining the institute.
(xviii) The Director shall be entitled to travelling allowance as per the Travelling Allowance Rules of the Institute and shall be entitled to leave travel concession as per the rules of the Government of India.
(xix) The Director shall be allowed to retain royalties and consultancy fee, sitting fee in other Boards etc., as per the regulations made by the Board.
(2) The Director shall be entitled to leave as admissible to permanent non-vacation employees of the Institute and shall be a member of the institution's Provident Fund or Pension or Contributory Provident Fund Scheme as per the rules of the institute.
(3) The Director shall be eligible for privilege in relation to medical attendance and treatment as per rules of the Institute.
(4) The Directors appointed before the coming into force of the Act, shall continue for balance period of their term and shall be eligible for benefits provided under these rules.