Incorporation of Institutes
Section 4 of the Indian Institutes of Information Technology Act, 2014 deals with incorporation of Institutes. On and from the commencement of this Act, every existing Institute, shall be a body corporate by the same name as mentioned in column (5) of the Schedule. The Act came into force on 05 Jan 2015.
(1) On and from the commencement of this Act, every existing Institute, shall be a body corporate by the same name as mentioned in column (5) of the Schedule.
(2) Every existing Institute referred to in column (5) of the Schedule shall have perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
Section 4, The Indian Institutes of Information Technology Act, 2014 (Act 30 of 2014).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Gangadhara Dasappa v. Union of India
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2021-12-03 (order-2.pdf; Suneet Kumar J.; order index Final Order/judgment 2021-12-03 matches body Order Date :- 3.12.2021). Contested Writ-A by Junior Technical Superintendent at IIIT Allahabad challenging refusal to permit withdrawal of resignation after acceptance. Court situates IIIT Allahabad under the Indian Institutes of Information Technology Act, 2014: s.4 (incorporation / perpetual succession / sue-and-be-sued), s.13 (Board of Governors as principal executive body), s.15 (Board powers including creation of posts and defining service conditions by Statutes), and ss.33–34 (First Statutes). Holds probationer on permanent post is not “temporary government servant” for DoPT OM 10.06.2019 para 6, but resignation becomes effective on acceptance (not relieving); withdrawal window under OM para 2(c) runs from acceptance date. Petitions dismissed.
On this section: s.4 Incorporation of Institutes — IIIT Allahabad is a Schedule institute with perpetual succession and capacity to sue/be sued; service disputes proceed against the incorporated Institute under the 2014 Act.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 4
What have the courts held on Section 4 of the Indian Institutes of Information Technology Act?
Gangadhara Dasappa v. Union of India (03 Dec 2021) is the leading judgment on this section among those set out below: s.4 Incorporation of Institutes — IIIT Allahabad is a Schedule institute with perpetual succession and capacity to sue/be sued; service disputes proceed against the incorporated Institute under the 2014 Act.
How do I find court cases under Section 4 of the Indian Institutes of Information Technology Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Institutes of Information Technology Act 4, section 4 Indian Institutes of Information Technology Act, section 4 of the Indian Institutes of Information Technology Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Gangadhara Dasappa v. Union of India (03 Dec 2021).
What should I read with Section 4 of the Indian Institutes of Information Technology Act, and has it changed?
One instrument names it without being made under it, most recently statute of IIITDM Kurnool (2022).
When did Section 4 of the Indian Institutes of Information Technology Act come into force?
Section 4 of the Indian Institutes of Information Technology Act, cited as Indian Institutes of Information Technology Act 4, came into force on 05 Jan 2015, having been enacted on 08 Dec 2014. It is in force as at the date shown on this page.
Other sections of this Act
- 7. Powers and functions of Institute585 words
- 5. Effect of incorporation of Institutes466 words
- 15. Powers and functions of Board of Governors405 words
- 17. Powers and functions of Senate393 words
- 37. Tribunal of Arbitration352 words
- 24. Director337 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 24 Oct 2026. This page is not a substitute for legal advice.