LexThe Dhirubhai Ambani Institute of Information and Communication Technology Act, 2003
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
GUJARAT ACT NO. 6 OF 2003
THE DHIRUBHAI AMBANI INSTITUTE
OF INFORMATION AND
COMMUNICATION TECHNOLOGY ACT,
2003.
[As modified upto 31st May, 2012]
[2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
THE DHIRUBHAI AMBANI INSTITUTE OF INFORMATION AND
COMMUNICATION TECHNOLOGY ACT, 2004.
CONTENTS.
PREAMBLE.
Sections. Page No.
1. Short title and commencement. 1
2. Definitions. 2
3. Establishment and incorporation of University. 3
4. Objects of the Institute. 4
5. Institute open to all irrespective of sex, religion, class, 4
creed or opinion.
6. Powers and functions of the Institute. 5
7. President. 9
8. Authorities of Institute. 9
9. Officers of Institute. 9
10. Board of Governors. 9
11. Chairman of the Board. 10
12. Powers and functions of the Board. 10
13. Terms of office and vacancies among members of the Board. 11
14. Academic Council. 12
15. Powers and functions of Academic Council. 12
16. Finance Committee. 13
17. Powers and functions of Finance Committee. 13
18. Director. 14
19. Powers and duties of the Director. 15
20. Executive Registrar. 16
21. The Deans. 17
22. Permanent Endowment Fund of the Institute. 17
23. Payment to Institute. 18
24. Funds of Institute. 18
25. Accounts and audit 18
26. Pension and Provident Funds. 19
27. Acts and proceedings not to be invalidated by vacancies. 20
2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
Sections. Page No.
28. Conferment of degrees, diplomas and grant of certificates 20
by the Institute.
29. Returns and Information. 20
30. Management of the Institute on dissolution of the Trust. 20
31. Powers of the State Government. 20
32. Regulations. 21
33. Removal of difficulties at the commencement. 23
34. Transitory Provisions. 23
35. Indemnity. 24
[2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
GUJARAT ACT NO. 6 OF 2003. 1
[THE DHIRUBHAI AMBANI INSTITUTE OF
INFORMATION AND COMMUNICATION TECHNOLOGY ACT, 2004]
[6th March, 2003]
AN ACT
to provide for the establishment of the Dhirubhai Ambani Institute of
Information and Communication Technology, Gujarat by law and to confer
the status of a University thereon and for matters connected therewith or
incidental thereto.
It is hereby enacted in the Fifty -fourth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Dhirubhai Ambani Institute of Information and
Communication Technology Act, 2003,
(2) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,
(a) "Academic Council" means the Academic Council of the Institute
constituted under section 14;
(b) "Board " means the Board of Governors of the institute constituted under
section 10;
(c) "Chairman" means the Chairman of the Board appointed under section 11;
(d) "Deans" mean the Deans of the Institute appointed under section 21;
(e) "Director" means the Director of the Institute appointed under section 18;
(f) "Executive Registrar" means Executive Registrar of the Institute appointed
under section 20;
(g) "Finance Committee" means Finance Committee of the Institute
constituted under section 16;
2[* * * * * * * * *]
(i) "Institute" means the Dhirubhai Ambani Institute of Information and
Communication Techno logy, Gandhinagar, Gujarat a University established
under section 3;
(j) "Patron Trustee" means the Patron Trustee of 3[the Dhirubhai Ambani
Memorial trust, Mumbai];
(k) "President" means the President of the Institute appointed under section 7;
(l) "prescribed" means prescribed by the regulations;
(m) "Regulations" means the Regulations of the Institute made under section
32;
(n) "Society" means the Dhirubhai Ambani Institute of Information and
Communication Technology Society, Gandhinagar, a so ciety registered,
under the Societies Registration Act, 1860;
(o) "Trust" means the Dhirubhai Ambani Institute of Information and
Communication Technology Society, Gandh inagar registered under the
Societies Registration Act, 1860 and the Bombay Public Trust Act, 1950.
Short title and
commencement.
Definitions.
XXI of 1860.
XXI of 1860.
Bom. 29 of 1950.
2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
3. (1) There shall be established a University by the name of 'The Dhirubhai
Ambani Institute of Information and Communication Technology,
Gandhinagar, Gujarat".
(2) The President, the Board, the Academic Council, the Director, the Dean,
the Executive Registrar and all other persons who may hereafter become such
officers or members so long as they continue to hold such office or
membership, are hereby constitute a b ody corporate by "The Dhirubhai
Ambani Institute of Information and Communication Technology,
Gandhinagar, Gujarat".
(3) The Institute shall function, as a non -affiliating University established
under this Act, and it shall not affiliate any other college or institute for the
award conferment of degree, diploma and certificate of its degree to the
students admitted therein.
(4) The Institute shall not have any grant in aid or other financial assistance
from the Central Government, any State Government, Un iversity Grants
Commission, All India Council for Technical Education or any other
authority or institutions of the Central Government or any State Government.
(5) The Institute shall be a body corporate by the name aforesaid, having
perpetual succession and common sea! with power, subject to the provisions
of this Act, to acquire and hold property, to contract and shall, by the said
name, sue and be sued.
(6) In all suits and other legal proceedings by or against the institute, the
pleadings shall be sig ned and verified by the Executive Registrar and all
processes in such suits and proceeding shall be issued to, and served on, the
Executive Registrar.
(7) "The headquarters of the Institute shall be at Gandhinagar, Gujarat.
4. The objects of the Institute shall be to develop a culture for and bring about an
awareness of information and Communication Technology and to actively participate
in the formulation and implementation of a National Action Plan for Information
Technology. The objects of the Institute shall be as follows, namely ;-
(i) to create centres of excellence for imparting state -of-the-art education,
training and research in the fields of information and communication
technology;
(ii) to create capabilities for deve lopment of multimedia content and its
distribution;
(iii) to create capabilities for upgrading information and communication
technology infrastructure to the global standards;
(iv) to develop patterns of teaching and training at various levels of
educational accomplishment so as to set a high standard of information and
communication technology education and its applications:
(v) to function as a learning resource centre for knowledge management and
entrepreneurship development in the area of information and communication
technology;
(vi) to provide for inter -relationships for national and global participation in
the field of information and communication technology and its allied fields;
and
(vii) establish close linkage, with industry to make teaching , training, and
research at the Institute relevant to the needs of the economy, at national and
global level.
Establishment and
incorporation of
University.
Objects of the
Institute.
[2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
5. (1) No person shall be excluded from any office of the Universi ty or from
membership of any of its authorities or from admission to any degree,
diploma or other academic distinction or course of study on the sole ground
of sex, race, creed, caste, class, place of birth, religious belief or political or
other opinion.
(2) It shall not be lawful for the University to impose on any person any test
whatsoever relating to sex, race, creed, caste, class, place of birth, religious
belief or profession of political or other opinion in order to entitle him to be
admitted as a teacher or a student or to hold any office or post in the institute
or to qualify for any degree, diploma or other academic distinction or to enjoy
or exercise any privileges of the institute or any benefaction thereof.
6. Subject to the provisions of this Act, the Institute shall exercise the following
powers and perform the following functions, namely:-
(i) to administer and manage the Institute and such centres for research,
education and instruction as are necessary for the furtherance of the objects of
the Institute;
(ii) to provide for instruction, training and research in such branches of
knowledge or learning pertaining to information and communication
technology and allied areas and for the advancement and d issemination of
information and communication technology and allied areas;
(iii) to conduct innovative experiments in new methods and technologies in
the field of information and communication technology in order to achieve
international standards of such education, training and research;
(iv) to prescribe courses and curricula and provide for flexibility in the
education system and delivery methodologies including electronic and
distance learning;
(v) to hold examinations through electronic mode also an d confer degrees,
diplomas or grant certificates, and other academic distinctions or titles on
persons subject to such conditions as the Institute may determine, and to
withdraw or cancel any such degrees, diplomas, certificates, or other
academic distinctions or titles in the manner prescribed by the Regulations;
(vi) to confer honorary degrees or other distinctions in the manner prescribed
by the Regulations;
(vii) to establish such special centers, specialized study centers or other units
for research and instruction as are, in the opinion of the Institute, necessary
for the furtherance of its objects;
(viii) to provide for printing, reproduction and publication of research and
other works and to organise exhibitions;
(ix) to sponsor and undertake res earch in all aspects of information and
communication technology and allied areas;
(x) to collaborate or associate with, advise, administer, control, develop,
maintain, or take over by way of merger or otherwise, any educational
institution with like or similar objects;
(xi) to develop and maintain linkages with educational or other institutions in
any part of the world having objects wholly or partially similar to those of the
Institute, through exchange of teachers and scholars, and generally in such
manner as may be conducive to their common objects;
(xii) to develop and maintain relationships with teachers, researchers, and
domain experts in information and communication technology and allied
areas in any part of the world for achieving the objects of the Institute;
Institute open to all
irrespective of sex,
religion, class,
creed or opinion.
Powers and
functions of the
Institute.
2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
(xiii) to regulate the expenditure and to manage the finances and to maintain
accounts of the Institute;
(xiv) to receive funds from industry, national and international organisations
or any other source as gifts, donations, benefactions, bequests and by
transfers of movable and immovable properties, for the purposes and objects
of the Institute;
(xv) to establish, maintain and manage halls and hostels for the residence of
students;
(xvi) to supervise and control the residence and regula te the discipline of
students of the Institute and to make arrangements for promoting their health
and genera! welfare and cultural activities;
(xvii) to fix, demand and receive or recover fees and such other charges as
may be prescribed by the Regulations;
(xviii) to institute and award fellowships, scholarships, prizes, medals and
other awards;
(xix) to purchase or to take on lease or accept as gifts or otherwise any land or
building or works which may be necessary or convenient for the purpose of
the Institute and on such terms and conditions as it may think fit and proper
and to construct or alter and maintain any such building or works;
(xx) to sell, exchange, lease or otherwise dispose of all or any portion of the
properties of the institute, movab le or immovable, on such terms as it may
think fit and consistent with the interest, activities and objects of the Institute;
(xxi) to draw and accept, to make and endorse, to discount and negotiate,
Government of India and other promissory notes, bill s of exchange, cheques
or other negotiable instruments;
(xxii) to raise and borrow money on bond, mortgages, promissory notes or
other obligations or securities founded or based upon ail or any of the
properties and assets of the Institute or without any securities and upon such
terms and conditions as it may think fit and to pay out of the funds of the
Institute, all expenses incidental to the raising of money, and to repay and
redeem any money borrowed;
(xxiii) to invest the funds of the Institute in or upon such securities and
transpose any investment from time to time in such manner as it may deem
fit;
(xxiv) to execute conveyances regarding transfers, mortgages, leases, licenses,
agreements and other conveyances in respect of property, movable or
immovable including Government securities belonging to the Institute or to
be acquired for the purpose of the Institute;
(xxv) to admit the students for the courses offered by the Institute in the
manner prescribed by the Regulations;
(xxvi) to create acade mic, technical, administrative, ministerial and other
posts and to make appointments thereto;
(xxvii) to regulate and enforce discipline among the employees of the Institute
and to provide for such disciplinary measures as may be prescribed by the
Regulations;
(xxviii) to institute professorship, associate professorship, assistant
professorship, readerships, lecturerships, and any other teaching, academic or
research posts and to prescribe qualifications for them;
[2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
(xxix) to appoint persons as professors, associate professors, assistant
professors, readers, lecturers or otherwise as teachers and researchers of the
Institute;
(xxx) subject to the provisions of this Act and regulations, any officer or
authority of the Institute may, by order, delegate his o r its powers except the
power to make regulations to any other officer or authority under his or its
control and subject to the condition that the ultimate responsibility for the
exercise of the power so delegated shall continue to vest in the officer or
authority delegating them;
(xxxi) to do all such other acts and things as the Institute may consider
necessary, conducive or incidental to the attainment or enlargement of all or
any of the objects of the Institute.
7. (1) The Patron Trustee of 4[the Dhirubhai Ambani Memorial Trust, Mumbai]
shall be the President of the Institute for life at his pleasure. He may at his
pleasure designate any other permanent Trustee of the Trust to be the
President of the Institute.
(2) The President shall have, subjects to the provisions of this Act, power to
cause an inspection or review to be made by such person or persons as he
may direct, of the Institute, its buildings, libraries, equipment and systems and
processes and of any institution or centre maintained by the Institute, and also
of the examinations, teaching, research and other work conducted or done by
the Institute and to cause an inquiry to be made in like manner in respect of
any matter connected with the administration and finances of the Institute.
8. The following shall be the authorities of the Institute, namely:-
(a) the Board;
(b) the Academic Council;
(c) the Finance Committee; and
(d) such other authorities as may be declared by the Regulations to be
authorities of the Institute.
9. The following shall be the officers of the Institute, namely:-
(a) the Director,
(b) the Deans,
(c) the Executive Registrar, and
(d) such other persons as may be declared by the Regulations to be officers of
the institute.
10. (1) The Board of Governors of the institute shall consist of the following
members, namely:-
(i) The President shall be the Chairman of the Board;
(ii) two representatives of the Trust;
(iii) Director of the Institute;
(iv) two Deans of the Institute, by rotation, to be nominated by the
Director;
5[(iv-a) Secretary to Government (Higher a nd Technical Education),
Education Department, Government of Gujarat.].
President
Authorities of
Institute.
Officers of Institute.
Board of
Governors.
2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
(v) Secretary to Government, Science and Technology Department,
Government of Gujarat ;
(vi) three experts academicians to be nominated by the President;
(vii) three experts representing other disciplines such as finance, legal,
management, humanities to be nominated by the President; and
(viii) two representatives o f the Industries to be nominated by the
President.
(2) The Executive Registrar shall be the Secretary of the Board.
11. (1) The Chairman shall preside over at the meetings of the Board and at the
convocations of the Institute.
(2) The Chairman shall exercise such other powers and perform such other
duties as may be assigned to him by this Act or the Regulations.
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 Institute
and shall exercise all the powers of the Institute, and shall have the power to
review the acts of the Academic Council and the . Finance Committee.
(2) Without prejudice to t he provisions of sub -section (1), the Board shall
have the following powers and functions, namely :-
(i) to take decisions on question of policy relating to the
administration and working of the Institute;
(ii) to Institute courses of study at the Institute;
(iii) to make Regulations;
(iv) to consider and approve the annual report, and the annual
accounts of the Institute for every financial year;
(v) to invest monies and funds of the Institute and take decisions on
the recommendations of the Finance Committee;
(vi) to publish or finance the publication of studies, treaties, books,
periodicals, reports and other literature and to sell or arrange for the
sale as it may deem fit from time to time;
(vii) to create or abolish posts of teachers and ether e mployees of the
Institute;
(viii) to appoint such, committees as it considers necessary for the
exercise of its powers and the performance of its duties under this
Act;
(ix) to delegate any of its powers to the Director, Deans, Executive
Registrar, or an y other officer, employee or authority of the Institute
or to a committee appointed by it; and
(x) to exercise such other powers and perform such other functions as
may be conferred or imposed upon it by this Act or the Regulations,
and all such other powers for achieving the objects of the Institute.
13. (1) Save as otherwise provided in this section, the term of nominated
members of the Board shall be three years from the date of nomination;
Chairman of the
Board.
Powers and
functions of the
Board.
Terms of office and
vacancies among
members of the
Board.
[2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
(2) an ex-officio member shall continue so long as he holds the office by
virtue of which he is such member;
(3) any vacancy in the Board occurring before the next reconstitution or
before the expiry of the prescribed period shall be filled by nomination of
another person by the President;
(4) a member nominated under sub-section (3) shall continue for the reminder
of the term of a member in whose place he is nominated;
(5) an outgoing member shall be eligible for re-nomination for the next term;
(6) a member may resign his office by writing under his hand addressed to the
President but he shall continue in office until his resignation has been
accepted by the President.
14. (1) The Academic Council of the Institute shall consist of the f ollowing
members, namely: -
(i) the Director of the institute, ex officio, who shall be the Chairman
of the Academic Council;
(ii) two academicians or professions to be nominated by the Board;
(iii) two external academicians or professionals in the area of
information and communication technology, to be nominated by the
Director;
(iv) two Deans of the Institute, by rotation to be nominated by the
Director;
(v) one Professor from each discipline of the Institute, by rotation to
be nominated by the Director; and
(vi) the Executive Registrar who shall be the non -member Secretary
of the Council.
(2) The term of office of the members other than the ex -officio member shall
be three years.
15. Subject to the provisi ons of this Act, and the Regulations, the Academic Council
of the Institute shall have the following powers, namely:-
(i) to exercise control and general regulation over the academic policies of the
institute and be. responsible for the maintenance and im provement of
standards of instruction, education and evaluation in the Institute;
(ii) to consider matters of general academic interest either on its own
initiative or on a reference from the Faculty of the Institute or the Board and
to take appropriate action thereon;
(iii) to recommend to the Board such Regulations as are consistent with this
Act regarding the academic functioning of the Institute including discipline of
students; and
(iv) to exercise such other powers and perform such other duties as may be
conferred or imposed upon it by the Regulations.
16. (1) The Finance Committee shall consist of the following members, namely:-
(i) the Director of the Institute ex-officio shall be the Chairman of the
Committee;
(ii) one Member of the Board to be nominated by the President;
Academic Council.
Powers and
functions of
Academic Council.
Finance Committee.
2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
(iii) one Dean of the Institute by rotation to be nominated by the
Director;
(iv) one expert to be nominated by the President; and
(v) the Executive Registrar shall be the non -member Secretary of the
Committee.
(2) The term of office of the members other than the ex -officio member shall
be three years.
17. Subject to the other provisions of this Act, the Finance Committee shall exercise
the following powers and perform the following functions, namely:-
(i) to examine the annual accounts and annual budget estimates of the
Institute and advise the Board thereon;
(ii) to review the financial position of the institute from, time to time;
(iii) to make recommendations to the Board on all financial policy matters of
the Institute;
(iv) to make recommendations to the Board on all proposals involving raising
of funds, receipts and expenditure;
(v) to provide guidelines for investment of surplus funds;
(vi) to make r ecommendations to the Board on all proposals involving
expenditure for which no provision has been made in the budget or for which
expenditure in excess of the amount provided in the budget has been incurred;
(vii) to examine all proposals relating to rev ision of scale, upgradation of the
scale and those items which are not included in the budget, before they are
placed before the Board; and
(viii) to exercise such other powers and perform such other functions as may
be conferred or imposed upon it by the Regulations.
18. (a) The Director shall be appointed by the Board out of the panel of names
recommended from time to time by the Committee consisting of the
following members, namely:-
(i) an eminent technologist to be nominated by the President;
(ii) an eminent educationist to be nominated by the President; and
(iii) one member of the Board to be nominated by the President.
(b) The President shall designate one member as the Chairman of the
Committee,
(c) The term of office of the Director shall be determined by the Board for the
period not exceeding five years.
(d) Notwithstanding anything contained in clauses (a) and (c) of sub -section
(1), the Director of the Institute holding the office at the commencement of
this Act, shall be deemed to have been appointed as the first Director.
(e) Where a vacancy in the office of Director occurs and it cannot be
conveniently and expeditiously filled up in accordance with the provisions of
clauses (a) and (c) of this section and if there is any emergency, the President,
in consultation with the Board, may appoint any suitable person to be the
Director and may, from time to time, extend the term for a period not
exceeding one year.
Powers and
functions of
Finance Committee.
Director.
[2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
(f) The conditions of service of the Director, including salary allowa nces,
leave, pension and provident fund shall be such as may be prescribed by the
Board and until so prescribed, shall be determined by the President.
19. (1) The Director shall be the Chief Executive and Academic Office r of the
Institute. He shall preside over at the meetings of the Academic Council and
Finance Committee.
(2) Without prejudice to the generality of the provision contained in sub -
section (1), the Director shall-
(i) exercise general supervision and cont rol over the affairs of the
Institute;
(ii) ensure implementation of the decisions of the authorities of the
Institute;
(iii) be responsible for imparting of instruction and maintenance of
discipline in the Institute; and
(iv) exercise such other powers and perform such other duties as may
be assigned to him under this Act or the Regulations or as may be
delegated to him by the Board or the President, as the case may be.
(3) Where any matter is of urgent nature requiring immediate action and the
same cannot be immediately dealt with by the Chairman or authority or body
of the Institute empowered under this Act to deal with it, the Director may
take such action as he may deem fit and shall forthwith report the action taken
by him to the Chairman or author ity or body of the Institute who or which, in
the ordinary course, would have dealt with the matter:
Provided that if such authority or other body is of the opinion that
such action ought not have been taken by the Director, it may refer the matter
to the Chairman who may either confirm the action taken by the Director or
annul the same or modify it in such manner as he thinks fit, and thereupon it
shall cease to have effect or as the case may be, shall take effect in such
modified form; so however such mo dification or annulment shall be without
prejudice to the validity of anything previously done by or under the orders of
the Director.
(4) Where the exercise of the power by the Director under sub -section (3)
involves the appointment of any person, such a ppointment shall be confirmed
by the competent authority empowered to approve such appointment, in
accordance with the provisions of this Act and the Regulations, not later than
six months from the date of order of the Director, otherwise the same shall
cease to have effect on the expiration of a period of six months from the date
of order of the Director,
20. (1) The Executive Registrar shall be appointed by the Institute in such manner
and on such terms and conditions as may be prescribed by the Regulations.
(2) The Executive Registrar shall exercise the following powers and perform
following duties, namely :-
(i) he shall be responsible for the custody of records, common seal,
the funds of the Institute and such other property of the Institute;
(ii) he shall place before the Board and other authorities of the
Institute, all such information as may be necessary for transaction of
its business;
(iii) he shall be responsible to the Director for the proper discharge of
his functions;
Powers and duties
of the Director.
Executive
Registrar.
2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
(iv) he shall, subject to the control of the Director, be responsible for
the administration and services of the Institute and conduct the
examinations and make all other arrangements necessary therefor and
be responsible for the execution of all processes connected therewith;
(v) he shall attest and execute all documents on behalf of the Institute;
and
(vi) he shall exercise such other powers and perform such other duties
as may be assigned to him under this Act, the Regulations or as may
be delegated to him by the Board or the Director.
21. (1) The Deans of the Institute shall be appointed by the Director, with the
approval of the Chairman of the Board, from amongst the Faculty of the
Institute.
(2) The Deans shall assist the Director in ma naging the academic and other
affairs of the Institute and shall exercise such powers and perform such
functions as may be prescribed by the Regulations or be entrusted to them by
the Director.
22. The Trust shall place funds at the disposal of the Institute to be called the
Permanent Endowment Fund of a sum of five crores of rupees or a sum required for
meeting the full operational expenditure of the Institute for three years, in long term
interest bearing securities issued or guaran teed by the Central or State Government.
On the termination of the involvement of the trust and after meeting the operational
expenditure for three years, out of the Permanent Endowment Fund, if there is any
unused balance that shall be paid back to the Trust.
Permanent Endowment Fund of the institute.
23. The Trust may pay to the Institute from time to time such sums of money and in
such manner as may be considered necessary for the exercise of its powers and
discharge of its functions under this Act.
24. (1) The Institute shall have its own funds consisting of -
(i) all monies provided by the Trust;
(ii) all fees and other charges received by the Institute;
(iii) all monies received by the Institute by way of grants, loans, gifts,
donations, benefactions, bequests or transfers;
(iv) all monies received by the Institute from the collaborating
Industry in terms of the provisions of the Memorandum of
Understanding between the Institute and the Industry, for
establishment of sponsored chairs, fellowships and infrastructure
facilities of the Institute; and
(v) all monies received by the Institute in any other manner or from
any other source.
(2) All funds of the Institute shall be deposited in such banks or invested in
such manner as the Board may decide on recommendation of the Finance
Committee.
(3) The funds of the Institute shall be applied towards the expenses of the
Institute including expenses incurred in the exercise of its powers and
discharge of its functions.
25. (1) The I nstitute shall maintain proper accounts and other relevant records,
and prepare an annual statement of accounts, including the income and
expenditure account and the balance sheet, in such form and in such manner
as may be prescribed by the Regulations.
The Deans.
Payment to
Institute.
Funds of Institute.
[2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
(2) The Institute shall adopt a proper system of internal checks and balances
and controls in the discharge of its finance, accounting and auditing functions
as may be prescribed by the Regulations.
(3) The Accounts of th e Institute shall be audited not less than once per year
by a statutory auditor who shall be a Chartered Accountant or a firm of
Chartered Accountants as defined in the Chartered Accountant Act, 1949 who
shall be appointed by the Board.
(4) The Accounts of the Institute certified by the person or firm so appointed
or any other person authorised in this behalf together with the audit report
thereon shall be placed before the Board and the Board may issue such
instructions to the Institute in respect thereof as it deems fit and the Institute
shall comply with such instructions.
(5) The Accounts of the Institute shall be audited by an internal auditor who
shall be a Chartered Accountant or a firm of Chartered Accountants appointed
by the Board, to ensure conc urrent audit of all books of accounts, and such
periodic internal audit reports shall be placed before the Board for review.
(6) The Institute shall prepare each year a report of its activities during the
previous year and submit it in the form of an annu al report to the Board for
review and approval.
26. (1) The Institute shall, with approval of the Board, constitute for the benefit of
its officers, teachers and other employees, in such manner and subject to such
conditions, a s may be prescribed by the Regulations, such schemes of
pension, provident funds and insurance as it may deem fit, and also aid in
establishment and support of the associations, institutions, funds, trusts and
conveyance calculated to benefit the staff and the students of the Institute,
(2) Where any such provident fund has been so constituted, the provisions of
the Provident Funds Act, 1925, shall apply to such fund as if it were a
Government Provident Fund.
27. No act or proceeding of the Board, or any authority of the Institute or any
committee constituted under this Act or by the Regulations shall be questioned on the
ground merely of the existence of any vacancy in or defect in the constitution of, the
Board, Authority or Committee of the Institute.
28. Notwithstanding anything contained in any other law for the time being in force,
the Institute shall have powers to confer degrees, diplomas and grant certificates, and
confer degrees and honorary degrees, and other academic distinctions and titles, as
approved by the Board.
29. The Institute shall furnish to the State Government, Uni versity Grants
Commission and other statutory authorities such reports, returns, statements and other
information as may be required by them from time to time.
30. The trust shall give a notice of n ot less than six months period to the State
Government of its intention to dissolve the trust. Upon receipt of any notice from the
Trust, the State Government shall make arrangements for administration of the
Institute from the date of dissolution of the T rust and until the last batch of students
in regular courses of the Institute complete their courses. The expenditure for
administration of the Institute during taken -over period of its management shall be
met out of the Permanent Endowment Fund of the Ins titute. On dissolution of the
Trust, this fund shall be in the form of a corpus fund.
31. The State Government shall have powers to issue directions from time to time as
may be required to be followed by the Institute un der the provisions of this Act, the
Regulations made thereunder and under any other law for the time being inforce.
Accounts and audit.
XXVII of 1949.
Pension and
provident funds
XIX of 1925.
Acts and
proceedings not to
be invalidated by
vacancies.
Conferment of degrees,
diplomas and grant of
certificates by the
Institute.
Returns and
information.
Management of the
Institute on
dissolution of the
Trust.
Powers of the State
Government.
2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
32. (1) Subject to the provisions of this Act, the Board shall have, in addition to
all other powers vested in it, the power to make Regulations to provide for the
administration and management of the affairs of the Institute.
(2) In particular and without prejudice to the generality of the foregoing
powers, such regulations may provide for all or any of the following matters,
namely:-
(i) the summoning and holding of meetings of the authorities of the
Institute, other than the First Meeting of the Board, and the quorum
and conduct of business at such meetings;
(ii) the power and functions to be exercised and discharged by the
President of the Board of the Institute;
(iii) the constitution, powers and duties of the authorities, bodies and
other committees of the Institute established under this Act, the
qualifications and disqualifications for membership of such
authorities, te rm of office of the membership, appointment and
removal of members thereof and other matters connected therewith;
(iv) the procedure to be followed by the Board and any Committee or
other body constituted under this Act or by the Regulations in the
conduct of the business, exercise of the powers and discharge of the
functions;
(v) the procedure and criteria to be followed in establishing courses of
study and admission of students;
(vi) the procedure to be followed for enforcing discipline in the
Institute;
(vii) the management of the properties of the Institute;
(viii) the degrees, diplomas, certificates and other academic
distinctions and titles which may be conferred or granted by the
Institute and withdrawal or cancellation of any such degrees,
diplomas, certificates and other academic distinctions and titles and
the requirements thereof;
(ix) the conduct of examinations including the term of office and
appointment of examiners;
(x) the creation of posts of Professors, Associate Professors, Assistan t
Professors, Readers, Lecturers or equivalent academic designations or
posts, officers and employees of the Institute, and the appointment of
persons to such posts including the qualifications requisite therefor;
(xi) the fees and other charges which may be paid to the Institute for
the courses, training, facilities and services provided by it;
(xii) the manner and conditions for constitution of insurance, pension
and provident funds and such other schemes for the benefit of
officers, teachers, and other employees of the Institute;
(xiii) the terms and conditions applicable for association of the
Institute with other institutions;
(xiv) the preparation of budget estimates and maintenance of
accounts;
(xv) the mode of execution of contracts or agreement by or on behalf
of the Institute;
Regulations.
[2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
(xvi) the classification and procedure for appointment of officers and
staff of the Institute;
(xvii) the terms and tenure of appointments, salaries and allowances,
contractual services, rules of discipline and other conditions of service
of the Director, other officers, teachers and employees of the Institute;
(xviii) the terms and conditions governing deputation of officers and
staff of the Institute;
(xix) the powers and duties of the Director and other officers, te achers
and employees of the Institute;
(xx) the terms and conditions governing fellowship, scholarships,
stipends, medals and prizes;
(xxi) the authentication of the orders and decisions of the Board;
(xxii) the matters relating to hostels and halls of residence including
disciplinary control therein; and
(xxiii) all matters which, by this Act, are to be or may be prescribed
by the Regulations.
33. If any difficulty arises with respect to the establishment o f the Institute or in
connection with the first meeting of any authority of the Institute or otherwise in first
giving effect to the provisions of this Act and, the Regulations, the President of the
Institute may, at any time, before all authorities of the Institute have been constituted,
by order, make any appointment or do anything consistent, so far as may be, with the
provisions of this Act and the Regulations, which appear to him necessary or
expedient for the purpose of removing the difficulty and eve ry such order shall have
effect as if such appointment or action had been made or taken in the manner
provided in this Act and the Regulations:
Provided that before making any such order the President may ascertain and
consider the opinion of the Director and of such appropriate authority of the Institute
as may have been constituted.
34. Notwithstanding anything contained in this Act,-
(1) the Director may, with the prior approval of the President and subject to
availability of funds, discharge all or any of the functions of the Institute for
the purpose of carrying out the provisions of this Act and the Regulations and
for that purpose may exercise any power or perform any duties which by this
Act and the Regulations are to be exe rcised or performed by any authority of
the Institute until such authority comes into existence as provided by this Act
and the Regulations;
(2) the Board of the Institute functioning as such immediately before the
commencement of this Act shall continue to so function until the Board is
constituted for the Institute under this Act, but on the constitution of the
Board under this Act, the members of the Board holding office before such
constitution shall cease to hold office;
(3) the Academic Council of t he Institute functioning as such immediately
before the commencement of this Act shall continue to so function until the
Academic Council is constituted for the Institute under this Act, but on the
constitution of the Academic Council under this Act, the m embers of the
Academic Council holding office before such constitution shall cease to hold
office;
(4) the Finance Committee of the Institute functioning as such immediately
before the commencement of this Act shall continue to so function until the
Finance Committee is constituted for the Institute under this Act, but on the
constitution of the Finance Committee under this Act, the members of the
Removal of
difficulties at the
commencement.
Transitory
provisions.
2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004
Finance Committee holding office before such constitution shall cease to hold
office;
(5) until the first Reg ulations of the Institute are made under this Act, the
existing rules and regulations of the Dhirubhai Ambani Institute of
information and Communication Technology Society, as approved by the
Board as in force immediately before the commencement of this Ac t, shall
continue to apply to the Institute, in so far as they are not inconsistent with
the provisions of this Act.
35. No suit, prosecution or other legal proceedings shall lie against and no damages
shall be claimed from the Institute, the D irector, the authorities or officers of the
Institute or any other person in respect of anything which is done in good faith or
purporting to be done in pursuance of this Act or any Regulation made thereunder.
-------------------
1 For Statement of objects and reasons see Gujarat Government Gazette, Extraordinary, Part V,
dated the 21st February, 2003, Pages 5-25 and 26.
This Act was assented to by the Governor on the 6 th March, 2003.
2 Clause (h) was deleted by Guj. 19 of 2007, s. 2(1).
3 These words were substituted for Excerpt shown. Open the full act in Lexace.