LexThe INTERNATIONAL INSTITUTE OF INFORMATION TECHNOLOGY (IIIT) UNIVERSITY ACT, 2013
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CHHATTISGARH ACT
(No. 15 of 2013)
THE INTERNATIONAL INSTITUTE OF INFORMATION TECHNOLOGY (IIIT) UNIVERSITY
ACT, 2013
TABLE OF CONTENTS
Section
CHAPTER-I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER-II
THE UNIVERSITY
3. Incorporation of the Institute.
4. Powers of the Institute.
5. Institute open to all classes, castes and creeds.
6. Admissions to the Institute.
7. Teaching at the Institute.
8. Chancellor.
9. Authorities of the Institute.
10. Constitution of Board.
11. Term of office, vacancies and allowances payable to the members of the board.
12. Powers and functions of the Baord.
13. The Senate.
14. Functions of the Senate.
15. Finance Committee.
16. Powers and functions of the Finance Committee.
17. Buildings and Works Committee.
18. Powers and functions of the Buildings and Works Committee.
19. Powers and functions of the Chairperson of the Board.
20. Appointment of Director.
21. Powers and functions of Director.
22. Appointment, powers and functions of Deans.
23. Appointment, powers and functions of Registrar.
24. Other authorities.
25. Grants by the State Government.
26. Funds of the Institute.
27. Accounts and audit.
28. Pension and provident fund.
29. Appointment of staff.
30. Statutes.
31. Statutes how made.
32. Ordinances.
33. Ordinances how made.
34. Power to make regulations.
CHAPTER-III
MISCELLANEOUS
35. Proceedings of the Institute authorities or bodies not to be invalidated by vacancies etc.
36. Removal of the Director, member of the Board, Senate or Finance Committee of the
Institute.
37. Power to remove difficulties.
38. Power to make rules.
39. Statutes and Ordinances to be published in the Official Gazette and to be laid before the
Legislature.
CHHATTISGARH ACT
(No. 15 of 2013)
THE INTERNATIONAL INSTITTUTE OF INFORMATION TECHNOLOGY (IIIT)
UNIVERSITY ACT, 2013
An Act to establish and incorporate a non -affiliating, teaching and research
University at Naya Raipur to promote and facilitate studies, research, incubation and
extension work in Information Technology and in its application domain and related
areas of knowledge and to achieve excellence in these fields and matters connected
therewith or incidental thereto.
Be it enacted by the Chhattisgarh Legislature in Sixty -fourth Year of the Republic of
India, as follows :—
CHAPTER-I
PRELIMINARY
Short title and
commencement
1. (1) This Act may be called the International Institute of
Information Technology (IIIT) University Act, 2013.
(2) It shall co me into force on such date as the State
Government may, by notification in the Official Gazette,
appoint.
Definitions 2. In this Act, unless the context otherwise requires,—
(a) "Annual Permitted Strength" means the number of seat in
each branch of study approved by appropriate authority
responsible for s orting of educational standards and
approved by the Board;
(b) "Appropriate Authority" means any statutory body
responsible for setting of educational standards or th e
Senate of the University as the case may require;
(c) "Board" means the Board of the University;
(d) "Chairperson" means the Chairperson of the Bo ard of
University;
(e) "Chancellor" means the Governor of Chhattisgarh;
(f) "Dean" means the Dean of Aca demics or of Research &
Development, as the case may be;
(g) “Director" means the Director of the Institute, who shall
be the ex -officio Vice -Chancellor of the University and may
also be referred to as ”Vice -Chancellor” or “Vice -Chancellor
and Director1;
(h) "Employee" means any person appointed by the
University and drawing salary and other remuneration from
the funds of the University;
(i) "Government" means the Government of Chhattisgarh;
(j) "Institute" means the I nternational Institute of
Information Technology - Naya Raipur (IIIT -Naya Raipur)
incorporated as a University under this Act in partnership
with the National Thermal Power Corporation Ltd (NTPC);
(k) "NTPC" means the National Thermal Power Corporation
Ltd, a central public sector undertak ing, incorporated at
Delhi , and having its p ower generation and allied acti vities
in· the State of Chhattisgarh , which includes its successors,
authorized representatives and permitted assigns;
(l) "Other Backward Classes" means the other Socially and
educationally backward classes of citizens for the purposes
of Article 15(5) of the Constitution of India and specified by
the Stale Government vide its notification No. F -85-XXV-4-
84, Dated 20th December, 1984 as amended from time to
time;
(m) "Registrar" means the Registrar of the University;
(n) "Reserved Seats" mean the s eats reserved for the special
category of persons in respect or admissions under Section 6
of this Act;
(o) "Scheduled Caste" means any caste notified under Article
341 of the Constitution for the State of Chhattisgarh;
(p) "Scheduled Tribe" means any tribe notified under Article
342 or the Constitution for the State of Chhattisgarh;
(q) "Senate" means the senate of the University;
(r) "Sponsor" means NTPC as defined in clause (k) above;
(s) "State" means the State or Chhattisgarh;
(t) "Statutes", "Ordinances" and "Regulations" mean the
Statutes, Ordinances and Regula tions of the University
respectively under this Act and for the time being in force;
(u) "Year" means the financial year unless the context
1 Ins. By Act of 2014, Sec.2 (w.e.f. 8-09-2014).
otherwise requires.
Incorporation of the
institute.
3. (1) With effect from such date as the Stale Government may,
by notification in the Official Gazette, appoint. there shall be
established a university by the name or Internatio nal
Institute of Information Technology —Naya Raipur with the
abbreviation or "IIIT-Naya Raipur", hereinafter referred to as
the Institute.
Explanation—In this act the words "Institute'' and
"University" have been used inter-changeably.
(2) The Institut e shall he a body corporate having a
perpetual succession, a common seal a nd may by the said
name sue or be sued.
(3) The Institute shall he financially and administratively
autonomous, having its own administrative policies and
practices provided in its Statutes, Ordinances and
Regulations.
Powers of the
Institute.
4. (1) Subject to the provisions of this Act, the Institute shall
exercise the following powers and perform the following
duties, namely:
(a) to admit students with such eligibility as provided in the
Statutes and to approve the Annual Permitted Strength:
(b) to provide for instruction and research in the fields of
engineering , techno logy, management, education,
sciences and arts, or other fields of knowledge related
to information techn ology, as the Institute may deem
fit, and for the advancement of learning. dissemination
and creation of knowledge in such fields:
(c) to hold examinations and grant degree, diploma and
other academic distinctions or awards;
(d) to confer honorary degr ees or other academic
distinctions;
(e) to fix, demand and receive fee and other charges;
(f) to establish, maintain and manage halls and hoste ls for
the residence of students;
(g) to supervise and control the residence, regulate the
discipline of st udents of the In stitute and to make
arrangements for promoting health, general welfare,
cultural and corporate life of the students;
(h) to create academic and other p osts and to make, other
than to the post of Director, appointments thereto;
(i) to frame Statutes, other than the first Statutes, Ordinances
and Regulations and to alter, modify or rescind any of
these ;
(j) to deal with any movable property belonging to or vested
in the Institute, in such manne r as it may deem fit, for
advancing the objects of the Institute;
(k) to receive gifts, grants, donations or benefactions from
the Government and to receive bequests donations and
transfers of movable or immovable properties from
testators, donors or transferors, as the case may be;
(I) to co -operate with educational or other institutions in
any part of the world, having objects, wholly or partly,
similar to those of the institute by exchange of teachers,
scholars and generally in such manner as may be
conducive to their common objects;
(m) to institute and award fellowships, scholarships,
exhibitions, prizes and medals; and
(n) to do all such things as may be necessary, in cidental or
conducive to the attainment of all or any of the objects
of the Institute.
(2) Notwithstanding anything co ntained in sub -section (I),
the Institute shall not dispose of in any manner any
immovable property without the prior approval or the State
Government.
Institute open to all
classes, castes and
creeds
5. (1) The Institute shall be open to persons of any sex, race,
creed, caste or class, and it shall not be lawful for the
Institute to adopt or impose on any person any test
whatsoever in the name of religious belief or profession or
political opinion in order to entitle him to be appointed as a
teacher of t he Institute or to hold any other office therein or
to be admitted as a student of the Institute or to graduate
thereat, or to enjoy or exercise any privilege thereof.
(2) The Institute shall be open to students of any nationality
who may be admitted in the manner provided in the Statute.
(3) No bequest, donation or transfer of any property shall he
accepted by the Institute, which in the opinion of the Board
involves conditions or obligations opposed to the spirit and
object of this section.
Admissions to the 6. (1) Admissions to the Annual Permitted Strength shall be on
Institute. the basis of a common entrance test (C.E.T.) in such
manner as may be approved by the Board of Institute:
Provided that 50 percent of the Annual Permitted
Strength shall be r eserved for the students passing out
from schools situated in the State of Chhattisgarh in
secondary and senior secondary qualifying
examinations ;
Provided further that 15 percent of the Annual
Permitted Strength shall be reserved for the admission
of per sons emp loyed with NTPC or their wards, who
are otherwise eligible and are sponsored by NTPC.
(1A) Notwithstanding anything contained in sub -section (1),
where the seats reserved for persons employed with
NTPC or their wards remain vacant due to non -
availability of eligible students, the same shall be filled
from among other eligible students.2
Teaching at the
Institute.
7. Institute shall be conducted by or in the name of the
institute, in accordance with the Statutes, Ordinances and
Regulations made in that behalf.
Chancellor.
8. (1) The Governor of Chhattisgarh shall be the Chancellor of
the University.
(2) The Chancellor may appoint one or more persons to
review the work and progress of the Institute, to hold
inquiries into the affairs thereof and to report thereon in
such manner as he may direct.
(3) Upon receipt of any such report , the Chancellor may take
such action and issue such directions as he may consider
necessary in respect of the matter dealt within the report
and the Institute shall be bound to comply with such
directions.
Authorities of the
Institute.
9. The following shall be the authorities of the Institute :—
(1) The Chairperson,
(2) The Board,
(3) The Senate,
(4) The Finance Committee,
(5) The Building and Works Committee,
(6) Such other authorities as may be declared by the Statutes
to be the authorities of the Institute.
Constitution of
Board.
10. The Board shall consist of the following persons, namely :—
(1) the Chairperson, to be nominated by the Chancellor in the
manner prescribed;
(2) the Principal Secretary or Secretary, Technical Education,
Government of Chhattisgarh, (Ex-officio);
2 Ins. By Act of 2014, Sec.3 (w.e.f. 8-09-2014).
(3) the Principal Secretary or Secretary, Information
technology, Government of Chhattisgarh, (Ex-officio);
( 4) Director, Technical Education, Government of Chhattisgarh,
(Ex-officio);
(5) One Professor to be nominated by the Senate;
(6) Four persons having special knowledge or practical
experience in respect of education, engineering, science or
the Information Technology Industry, to be nominated by
the Board;
(7) Omitted3;
(8) Three Persons nominated by the Sponsor;
(9) Omitted4;
(10) Director of the Institute (Ex-officio Member Secretary);
Term of office,
vacancies and
allowances payable
to the members of
the Board.
11. (1) Save as provided in this section :—
(a) The term of office of the chairperson or a member
of the Board shall be three years from the date of
nomination.
(b) An ex -officio member shall continue on the Board
till he ceases to hold the office by virtue of which
he is a member
(c) The term 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
nominated.
(2) Notwithstanding anything contained in this section, an
outgoing member shall, continue in office until another
person is nominated as a member in his place.
(3) The members of the Board, other than the employees of
the Institute, shall be entitled to the reimbursement of
expenditure, payment of allowances and sitting fees as
may be provided in the regulations.
Powers and
functions of the
Board.
12. (1) Subject to the provisions of this Act, the Board shall be
responsible for the general superintendence, direction
and control of the affairs of the affairs of the institute
and shall exercise all the powers o f the Institute not
otherwise provided in this Act, the Status, the
Ordinances or Regulations and shall have the power to
review the work of the Finance Committee and the
Building and Works Committee.
3 Ins. By Act of 2014, Sec.4 (w.e.f. 8-09-2014).
4 Ins. By Act of 2014, Sec. 4(w.e.f. 8-09-2014).
(2) Without prejudice to the provision of sub -section (I),
the Board shall have the following powers t o, namely
:—
(a) Take decisions on questions of policy relating to the
administration and working of the Institute;
(b) Institute courses of Study on the recommendation of
the Senate;
(c) Make Statutes, other than the first Statutes;
(d) Create posts and appoint persons to academic as
well as other posts in the Institute and determine
salary structure and the terms and conditions of
different cadres of employees subject to availability
of financial resources;
(e) make, modify or cancel Ordinances or Regulations;
(f) consider and approve the annual reports and
development plans of the Institute on the
recommendation of Senate or the Building and
Works Committee. as the case may be;
(g) consider and approve annual accounts and the
budget estimate of the Institute for the financial
year next, as recommended by the Finance
Committee;
(h) accord administrative approval to all infrastructure
related works. All minor original works and works
related to the maintenance or estates recommended
by the Building and Works Committee;
(i) exercise such other powers and perform such other
functions as may he conferred or imposed upon it
by this Act or the Statutes.
(3) The Board shall have the power to appoint such other
committees as it consider necessary for t he exercise of
its powers and performance of its functions under this
Act:
Provided that any such committee appointed under
this sub-section shall not be given powers and functions
prejudicial to the Senate, the Finance Committee and
the Buildings and Works Committee.
(4) In the event of any vacancy, including a temporary
vacancy in the Office of Director, by reason of death,
resignation, leave, illness or otherwise, the Board may
entrust to any of its members the functions of the
Director, till the date on which Director appointed
under Section 20 enters upon his office:
Provided that the Board may decide the
emoluments and allowances of such member:
Provided further that the arrangement
contemplated in this sub-section shall not continue for
a period of more than six months.5
The Senate. 13. The Senate shall consist of the following members, namely :—
(a) the Director, who shall be the Chairman;
(b) the Registrar;
(c) Dean (Academic), who shall be the secretary;
(d) Senior most Professors, not exceeding five in numbers
representing different disciplines, who shall be
nominated by the Board, on the basis of seniority;
(e) three persons, not being employees of the Institute, to
be nominated by the Board, from among educat ionists
of repute, one each from the fields of science,
engineering and management; and
(f) such other persons, not exceeding two, who may be
invited by the Senate to assist it in deciding on any
academic issues, in that meeting without any voting
rights thereto.
Functions of the
Senate.
14. The Senate shall be the principal academic body of the Institute
and shall, subject to the provisions of this Act, Statutes,
Ordinances and Regulations, have the control and be
responsible for maintenance of standards of education, teaching
and training, interdepartmental coordination, research,
examinations and tests, and shall exercise such other powers
and such other duties and functions as may be prescribed or
conferred upon it by the Statutes.
Finance Committee. 15. (1) There shall be a Finance Committee with th e following
members, namely :-
(a) Director, who shall be the Chairman;
(b) nominees of the State Government representing:
(i) the department dealing with Technical
Education;
(ii) the department dealing with Finance
respectively:
(c) a member of the Board to be nominated by it;
(d) one person of eminence with background in finance
or accounts to be nominated by the Board, not being
5 Ins. By Ordinance of 2014, Sec. 3(w.e.f.12-11-2014 ).
the employee of the Institute;
(e) The Chief Finance and Accounts officer of the
Institute, who shall be the Secretary;
(f) The Registrar;
(g) A person to represent the Sponsor.
(2) The members of the Finance Committee, other than the
Chief Finance and Accounts officer and the ex -officio
members; shall hold office for a term of three years
from the date of their nomination.
Powers and
functions of the
Finance Committee.
16. The powers and functions of the Finance Committee shall be as
follows :—
(a) to examine the accounts and scrutinize proposals for
expenditure
(b) to examine annual accounts for financial estimates of th e
Institute and submit the same to the Board together with
comments for the approval of the Board;
(c) to sanction expenditure up to the extent provided in the
Statues.
Buildings and
Works Committee.
17. (1) There shall be a Building and Works Committee which
shall have the following members, namely :—
(a) Director, who shall be the Chairman;
(b) a member of the Board nominated by it;
(c) a person to represent the Sponsor;
(d) a person of eminence with background in civil
engineering to be nominated by the Board, not
being an employee of the Institute;
(e) a person of eminence in the field of teaching or
research in any field of study offered by the
Institute, to be nominated by the Board, not being
an employee of the Institute;
(f) one nominee of the State Government from the
department dealing with Public Works;
(g) one person representing the Naya Raipur
Development Authority:
(h) the Registrar;
(i) the senior most officer responsible for managing the
estate of the Institute shall be the Secretary of the
committee.
(2) The members of the Building s and Works Committee,
other than the senior most officer responsible for
managing the estate of the Institute and the ex -officio
members, shall hold office for a term of three years from
the date of their nomination.
Powers and functions
of the Buildings
and Works
Committee.
18. Subject to the provisions of Statues, Ordinances and
Regulations, the powers and functions of the Buildings and
Works Committee shall be as follows :—
(a) Technical approvals for all major infrastructure related
works within the sanctioned budget;
(b) Technical approvals and clearance for all minor original
works and works related to the maintenance of estate,
within the sanctioned budget;
(c) To grant approval in respect of—
(i) enlistment of contractors,
(ii) floating and acceptance of
(iii) tenders, issuance of work orders,
(iv) undertaking of works departmentally and
supervising works in progress;
(d) To grant approval for proposals in respect of claims and
settlement of unscheduled rates;
(e) To propose to the Finance Committee for its approval,
the Schedule of Rates;
(f) Such other functions in the matter of construction of
buildings and development of land, as the Board may
deem it fit to assign to the Committee;
(g) The Chairman of the Committee may exercise all or any
of the powers of the Committee, as the situation may
demand and every such order shall he reported to the
Committee and to the Board at their respective next
meeting.
Powers and
functions of the
Chairperson of I he
Board.
19. The powers and functions of Chairperson of the Boa rd shall be
as follow, namely :—
(a) The Chairperson shall preside over the meetings of the
Board:
(b) In cases where meeting of the Board is not convened as
provided in the Statutes, the Chairperson shall have the
powers to convene the meeting of the Board in
accordance with the provisions of the Statutes;
(c) Where in the opinion of the Director, the situation
demands that immediate decision needs to be taken in
the interest of the Institute, then the Chairperson on the
recommendation of the Director may issue such orders
as may be deemed necessary :Provided that such orders
shall b e submitted for ratification of the Board at its
next meeting: Provided further that no such decision
shall be taken without the prior approval of the Board,
where the Financial burden on the Institute exceeds the
provisions of the budget approved by the Board;
(d) The Chairperson shall exercise such powers and
perform such other functions as may be assigned to him
under this Act, by Statutes, or by resolution of the
Board.
Appointment of 20. (1) The Director shall b e a scholar of eminence in the area
Director. of Information Technology or Computer Science or
Computer Engineering having administrative
experience in a degree level institution of higher
learning.
(2) Except as provided under this Act the Director of the
Institute sha ll be appointed by the Chancellor "under
the doctrine of pleasure" after consultation with the
State Government from a panel of not less than three
distinguished persons in the field of Information
Technology recommended by the search committee
under sub-section (3) or sub-section (7) of Section 20 of
this Act:
Provided that if the person or persons approved
by the Chancellor out of those recommended by the
search committee are not willing to accept the
appointment, the Chancellor may call for fresh
recommendations from search committee.
(3) The Chancellor shall constitute a search committee
consisting of following persons, namely :—
(i) one person recommended by the Board;
(ii) one person recommended by the Sponsor;
(iii) one person recommended by the Chancellor;
The Chancel lor shall appoint any one of these
three persons as Chairman of the search committee.
(4) For constituting the committee under sub -section (3),
the Chancellor shall, six months before the expiry of the
term of the Director, call upon the Board and the
Sponsor to choose their nominees for the search
committee, and if any or both of them fail to do so
within one month of the receipt of the Chancellor's
communication in this regard, the Chancellor may
further nominate any one or both the persons, as the
case may be.
(5) No person who is connected with the Institute shall be
recommended or nominated on the search committee
under sub-section (3).
(6) The search committee shall submit the panel within six
weeks from the date of its constitution, or such further
time as the Chancellor may deem fit:
Provided that except in respect of the
appointment of the first Director of the Institute, such
further time shall not exceed four weeks6.
(7) If for any reason the committee constituted under sub -
section (3) fails to sub mit the panel within the period·
specified in sub -section (6), the Chancellor shall
constitute another search committee consisting of three
persons. n ot connected with the Institute, and shall
appoint one of them as the Chairman of the Search
Committee. Th e search committee so constituted shall
submit a panel of three persons within a period of six
weeks or such shorter period as may be specified, from
the date of its constitution:
6 Ins. By Act of 2014, Sec.5 (w.e.f. 8-09-2014).
(8) If the committee constituted under sub -section (7) fails
to submit the panel within the period· specified therein,
the Chancellor may appoint any person whom he deems
fit to be the Director after consultation with the State
Government.
(9) The Director shall be a whole-time salaried officer of the
Institute and his emolument and othe r conditions of
service shall be prescribed by the Statutes.
(10) The Director shall hold office for a term not
exceeding five years or till the attainment of the age of
70 years, whichever is earlier. And shall not be eligible
for appointment for more than two terms.
Powers and
functions of
Director.
21. The powers and functions of Director shall be as follow. namely
:
(a) The Director shall be the principal academic and
executive officer of tile institute, responsible for proper
administration of the Institute, imparting of instructions
and maintenance of discipline therein;
(b) The Director shall submit annual re ports and accounts
to the Board;
Provided that the Chancellor may require the
Director to submit such special or periodical reports as
may be deemed necessary;
(c) It shall be the duty of the Director to ensure that the
decisions taken by till Board are implemented;
(d) The Director shall exercise such other powers and
perform such other functions, as may be prescribed by
the Stat utes, Ordinances, Regulations or Resolutions of
the Board;
(e) Omitted7.
Appointment, powers
and functions
of Deans.
22. (1) The Deans shall be appointed by the Board on
recommendations of the Director and on such terms
and conditions as may be laid down by the Statutes.
(2) The Deans shall exercise such powers and perform such
functions as may he assigned to them under this Act,
Statutes, ordinances or Regulations or by the Board, as
the case may be.
Appointment, powers
and functions
of Registrar.
23. (1) The appointment of the Registrar shall be on such terms
and conditions as may be laid down by the Statutes.
(2) The Registrar shall be the custodian of records, the
common seal, the funds and the property of the
Institute.
(3) Registrar shall he responsible for and accountable to the
Director and shall be subject to the directions and
control of the director.
(4) The Registrar shall exercise s uch powers and perform
such functions as may be assigned to him under this Act,
Statutes, Ordinances, Regulations or by the Board, as the
case may be, and in performance of such duti es and
exercising such powers, he shall be responsible to the
Director for the proper discharge of his functions.
7 Ins. By Act of 2014, Sec.6 (w.e.f. 8-09-2014).
Other Authorities 24. The constitution, powers and functions of the other authorities,
that may be declared by the Statutes to be the author ities of the
Institute, shall be such as may be provided therein.
Grants by the State
Government.
25. For the purpose of enabling the Institute to discharge its
functions efficiently under this Act, the State Government may
after due appropriation made b y the Legislature by law in this
behalf, pay to the Institute in each financial year such sums of
money and in such manner as it may deem fit.
Funds of the Institute. 26. (1) The Institute shall maintain funds, which shall be credited
with :—
(a) money provided by the State Government;
(b) fees and other charges received by the Institute;
(c) money received by the Institute by way of grants, gifts,
donations, benefactions. bequests or transfers;
(d) money received by the Institute in any other manner or
from any other source;
(e) money received from the Sponsor.
(2) Money credited to the Fund shall be deposited in such banks
or invested in such manner as the Director may decide in
accordance with the guidelines of Reserve Bank of India.
(3) Funds of the Ins titute shall be applied towards meeting of
the expenses of the Institute, including expenses incurred in
the exercise of powers and discharge of functions under
this Act.
Accounts and audit. 27. (1) The Institute shall maintain proper accounts including the
balance sheet, other relevant records and prepare an annual
statement of accounts.
(2) The accounts of the Institute shall be audited by the
Examiner of the Local Fund Audit of the State or such person or
persons as he may authorize in this behalf.
(3) The Examiner of the Local Fund Audit and any person
appointed by him in connection with the audit of the accounts
of the Institute shall have the same rights, privileges and
authority in connection with such audit as the Examiner of the
Local Fund Audit h as in connection with the audit of the
Government accounts, and, in particular, shall have the right to
demand the production of books, accounts, connected vouchers
and other documents and papers and to inspect the offices of
the Institute.
(4) The accounts of the Institute as certified by the Examiner of
the Local Fund Audit or any other person appointed by him in
this behalf together with the audit report thereon shall be
forwarded annually to the State Government and Government
shall cause the same to be laid before the Legislative Assembly
(5) The Institute may appoint a statutory auditor for audit of its
accounts, without derogating provisions mentioned above
under sub-section (2), (3) and (4) of this Section.
Pension and provident
funds
28. The Inst itute shall constitute for the benefit of its employees,
including the Director, in such manner and subject to such
conditions as may be prescribed by the statutes, such pension,
insurance and provident funds schemes as it may deem fit:
Provided that the State Government may declare that the
provisions of the Provident Fund Act, 1925 (No. l9 of 1925)
shall apply to such Provident Fund as if it were a government
provident fund.
Appointment of Staff. 29. All appointments of members of the staff of the Institute, except
that of the Director, shall be made in accordance with the
procedure laid down in the Statutes, by—
(a) The Board, if the appointment is made on the academic
staff i.e. to the post of Associate Professor or above or if
the appointment is made on the non -academic staff in
any cadre, the maximum pay scale for which is
prescribed in the Statutes from time to time; and
(b) the Director, in other cases.
Statutes. 30. Subject to the provisions of this Act, the Statutes may provide
for all or any of the following matters, namely :—
(a) the conferment of honorary degrees;
(b) the formation of departments, divisions, centres or
schools of teaching;
(c) the fee to be charged for courses of study in the Institute
and for admission to the examinations of degree and
diploma or any other distinction or award of the
Institute;
(d) the institution of fellowships, scholarships, exhibitions,
medals and prizes;
(e) the term of office and the method of appointment of
officers of the Institute;
(f) the qualifications of teachers of the Institute;
(g) the classifications, the method of appointment and the
determination of the terms and conditions of service of
teachers and other staff of the Institute;
(h) the constitution of pension, insurance and provident
funds, for the benefit of officers, teachers and other staff
of the Institute;
(i) the constitution, powers and duties of the authorities of
the Institute;
(j) the establishment and maintenance of halls and hostels;
(k) the conditions of residence of students of the Institute
and the levying of fee for res idence in the halls and
hostels and of other charges;
(l) the manner of filling vacancies among members of the
Board;
(m) Omitted8;
(n) the authentication of the orders and decisions of the
Board;
(o) the meetings of the Board, the Senate, or any
Committee, the quorum at such meetings and the
procedure to be followed in the conduct of their
business;
(p) any other matter, not being inconsistent with the
8 Ins. By Act of 2014, Sec.7 (w.e.f. 8-09-2014).
provisions of this Act, which, by or under this Act and
the Statutes there under, are, or to be, or may be,
provided.
Statutes how made. 31. (1) The State Government shall make the first Statutes, which
shall be effective from the date of its publication in the
Official Gazette.
(2) The Board may, from time to time, make new or additional
Statutes or may amend or repeal the Statutes referred to in
sub-section (1):
Provided that every new Statute or addition to the
Statutes or any amendment or repeal of Statute shall
require the previous approval of the Chancellor who may
assent thereto, or withhold assent, or remit it to the Board
for reconsideration:
Provided further that a new Statute or a Statute
amending or repealing an existing Statute shall have no
validity unless it has been assented to by the Chancellor.
Ordinances. 32. Subject to the provisions of this A ct and the St atutes, the
Ordinances of Institute may provide for all or any of the
following matters, namely :—
(a) admission of the students to the Institute;
(b) the courses of study to be laid down fm: all degree,
diploma or any other distinction or award of the
Institute;
(c) the conditions under which students shall be admitted
to the degree or diploma courses and to the
examinations of the Institute, and shall be eligible for
degree and diploma or any other distinction or award
of the Institute;
(d) the conditions of award of the fellowships, scholarships,
exhibitions, medals and prizes;
(e) the conditions and mode of appointment and duties of
examining bodies, examiners and moderators;
(f) the conduct of examinations:
(g) the maintenance of discipline among t he students of the
Institute;
(g-1) constitution of Students’ Union and its mode; and9
(h) any other matter, not being inconsistent with the
provisions of this Act or Statutes, which, by or under
this Act and the Stat utes there under, are, or to be, or
may be, provided.
Ordinances how
made.
33. (1) Save as otherwise provided in this section, Ordinances shall
be made by the Senate.
(2) All Ordinances made by the Senate shall have effect from
such date as it may direct, but every Ordinance so made
shall be subm itted, as soon as may be, to the Board and
shall be considered by the Board at its next succeeding
meeting.
(3) The Board shall have power by resolution to modify or
9 Ins. By Act of 2014, Sec.8 (w.e.f. 8-09-2014).
cancel any such Ordinance and such Ordinance shall from
the date of such resolution stand modified or cancelled, as
the case may be.
Power to make
regulations.
34. The authorities of the Institute may make Regulations
consistent with this Act, the Statutes and the Ordinances, in the
manner prescribed by the Statutes for the conduct of their ow n
business and that of any of the committees appointed by them
and not provided for by the Act, the Statutes or the Ordinances.
Proceedings of the
Institute authorities
or bodies not to be
invalidated by
vacancies etc.
35. No act or proceedings of the Bo ard, the Senate or any other
authority constituted under this Act shall be invalidated merely
by reason of;
(a) the existence of any vacancy or vacancies among its
members;
(b) any defect in the selection, nomination or appointment of
a person acting as a member thereof; or
(c) any irregularity in its procedure not affecting the merits
of the case.
Removal of the
Director, member of
the Board, Senate or
Finance Committee of
the Institute.
36. (1) The Chancellor may, by rules to be framed in this behalf b y
the State Government, order the removal of the Director of
the Institute or of any member of a duly constituted body of
the Institute at any time, on charges relating to moral
turpitude, unbecoming conduct, gross indiscipline, conflict
of interest or any other ground provided in the rules.
(2) The Director of the Institute shall not be removed from
office without charges being served on him specifying the
grounds for the proposed removal from office, with an
opportunity being afforded to him to explain hi s conduct
and reply to the charges.
(3) No member of a duly constituted body of the Institute may
be removed without being given an opportunity to be heard
by a person nominated by the Chancellor in this behalf.
Power to remove
difficulties.
37. If any d ifficulty arises in giving effect to the provisions of this
Act, the Government may, by order, published in the Official
Gazette, make such provisions, not inconsistent with the
provisions of this Act, as may appear to it to be necessary or
expedient for removing the difficulty :
Provided that no such order shall be made under this
section after the expiry of two years from the commencement
of this Act.
Power to make rules. 38. The State Government may, subject to the previous publication,
by notification in the Official Gazette, make rules to carry out all
or any of the purpose of this Act.
Statutes and
Ordinance to be
published in the
Official Gazette and to
be laid before the
Legislature.
39. (1) Every Statute and Ordinance made under this Act shall b e
published in the Official Gazette.
(2) Every Statute, including amendments to the First Statute,
Ordinance or Rule made under this Act shall be laid. as soon
as may be after it is made, before the House of the
Legislative Assembly of Chhattisgarh while i t is in session
for a total period of thirty days which may be comprised in
one session or two or more successive sessions, and if,
before the expiry of the session immediately following the
session or the succe ssive sessions aforesaid, the H ouse
agrees in making any modification or the House agrees that
the Statute or the Ordinance or the Rule, as the case may be,
should not be made, the Statute or the Ordinance or the
Rule, as the case may be, shall thereafter have effect only in
such modified form or be of no effect, as the case may be,
however, that any such modification or annulment shall be
without prejudice to the validity of anything previously
done under the Statute or the Ordinance or the Rule, as the
case may be.