LexThe Dhirubhai Ambani Institute Of Information And Communication Technology Act, 2008
West Bengal · state statute
Open in Lexace · Ask the AI about this actolkata viQ Extraordinary Published by Authority Registered No. WB/SC-247 No. WB(Part-HI)/2009/SAR-1 trbe toette PAUSA 11] THURSDAY, JANUARY 1, 2009 [SAKA 1930 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 3-L.-1st January, 2009.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXX of 2008 THE DHIRUBHAI AMBANI INSTITUTE OF INFORMATION AND COMMUNICATION TECHNOLOGY ACT, 2008. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 1st January, 2009.] An Act to provide for the establishment of the Dhirubhai Ambani Institute of Information and Communication Technology, West Bengal by law and to confer the status of a University thereon and for matters connected therewith or incidental thereto. WHEREAS it is expedient to provide for the establishment of the Dhirubhai Ambani Institute of Information and Communication Technology, West Bengal 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-ninth Year of the Republic of India, by the Legislature of West Bengal, as follows:— Short title and commencement. 1. (1) This Act may be called the Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. 2 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 1, 2009 [PART III The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Sections 2, 3.) Definitions. Establishment and incorporation of the University. (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 req -dires,— (a) "Academic Council" means the Academic Council of the Institute con- stituted 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 specified under section 10; (d) "Deans" means 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 ap- pointed under section 20; (g) "Finance Committee" means Finance Committee of the Institute con- stituted under section 16; (h) "Foundation" or "Trust" means the Dhirubhai Ambani Memorial Trust, Mumbai; (i) "Institute" or "University" means the Dhirubhai Ambani Institute of Information and Communication Technology, West Bengal, a Univer- sity established under section 3; W "Patron Trustee" means the Patron Trustee of the Dhirubhai Ambani Memorial Trust, Mumbai; (k) "President" means the President of the Institute appointed under section 7; (1) "prescribed" means prescribed by the regulations; (m) "regulations" means the regulations of the Institute made under this Act. 3. (1) There shall be established a University by the name of "the Dhirubhai Ambani Institute of Information and Communication Technology, West Bengal". (2) The President, the Board, the Academic Council, the Director, the Dean, the Executive Registrar and all other persons who may hereafter become officers or members so long as they continue to hold such office or membership, shall constitute a body corporate by the name of the Dhirubhai Ambani Institute of Information and Communication Technology, West Bengal. (3) The Institute shall function as a non-affiliatir ig University which shall not affiliate to itself any other college or institute. (4) The Institute shall not have any grant-in-aid or other financial assistance from the Central Government, any State Government, University Grants Commission, All India Council for Technical Education or any other authority or institutions of the Central Government or any State Government. (5) Five per centum of seats may be kept reserved for poor and meritorious students for admission in the Institute, to enable them to study in the institution without paying tuition fees and other charges subject to their qualifying for admission through All India Engineering Entrance Examination. (6) The Institute shall be a body corporate ty the name specified in sub- section (2) having perpetual succession and common seal 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. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 1, 2009 3 The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Sections 4-6.) Object of the Institute. Institute open to all irrespective of sex, religion, class, creed or opinion. Powers and functions of the Institute. (7) In all suits and other legal proceedings by or against the Institute, the pleadings shall be signed and verified by the Executive Registrar and all processes in such suits and proceedings shall be issued to, and served on the Executive Registrar. (8) The headquarter of the Institute shall be at Haringhata, post office Mohanpur in the district of Nadia or at such place as may be decided by the Board. 4. The object of the Institute shall be to develop a culture for, and bring about, an awareness of Information and Communication Technology and to actively partici- irate-in_the formulation and implementation of a National Action Plan for Information Technology. The objects of the Institute shall be as follows, namely:— to create centres of excellence for imparting state-of-the-art education, training and research in the fields of information and communication technology; to create capabilities for development of multimedia content and its distribution; to create capabilities for upgrading information and communication technology infrastructure to the global standards; to develop patterns of teaching and training at various levels of edu- cational accomplishment so as to set a high standard of information and communication technology education and its applications; to function as a learning resource centre for knowledge management and entrepreneurship development in the area of information and commu- nication technology; to provide for inter-relationship for national and global participation in the field of information and communication technology and its allied fields; to establish close linkage with industry and to make teaching, training and research at the Institute relevant to the needs of the economy, at national and global level. 5. (1) No person shall be excluded from any office of the University 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 to sex, race, creed, caste, class, place of birth, religious belief or profession or 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 dissemination of information and communication technology and allied areas; (iii) to conduct innovative experiments in new methods and technologies in the field of information and communcation technology in order to achieve international standards of such education, training and research; 4 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 1, 2009 [PART III The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Section 6.) (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 and confer degrees, diplomas or grant certificates, and other academic distinctions or titles on persons subjects 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 centres, specialized study centres or other units within the campus for research and instruction as are, in the opinion of the Institute, necessary for the furtherance of its objects; (viii) to provide printing, reproduction and publication of research and other works and to organize exhibitions; (ix) to sponsor and undertake research 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; (xiii) to regulate the expenditure and to manage the finance and to maintain accounts of the Institute; (xiv) to receive funds from industry, national and international organizations or any other source other than Government as gifts, donations, bene- factions, bequests and by transfer 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 regulate the discipline of students of the Institute and to make arrangements for promoting their health and general 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; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 1, 2009 5 The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Section 7.) (xx) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the Institute, movable or immovale, on such terms as it may think fit and consistent with the interest, activities and object of the Institute; (xxi) to draw and accept, to make and endorse, to discount and negotiate, Government of India's promissory notes and other promissory notes, bills 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 all 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 in the interest of Institute; (xxiv) to execute conveyances regarding transfers, mortagages, 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 within the guidelines of the Central Government and the State Governments and the Reserve Bank of India; (xxv) to admit the students for the courses offered by the Institute in the manner prescribed by the regulations; (xxvi) to create academic, 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 professor- ships, Readerships, lectureships, and any other teaching, academic or research posts and to prescribe qualifications for them; (xxix) to appoint persons as professors, Associate professors, Assistant pro- fessors, readers, lecturers or otherwise as teachers and researchers of the Institute; (xxx) subject to the provisions of this Act and the regulations made thereun- der, any officer or authority of the Institute may, by order, delegate his or 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. President of the Institute. 7. (1) The Patron Trustee of the Dhirubhai Ambani Memorial Trust 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. 6 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 1, 2009 [PART III The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Sections 8-12.) Authorities of the Institute. Officers of the Institute. Board of Governors. Powers and duties of the Chairman. Powers and functions of the Board. (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; (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; (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; (v) Secretary to the Government of West Bengal, Higher Education Department, or his nominee; (vi) three expert 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; (viii) two representatives of 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 of the acts of the Academic Council and the Finance Committee. (2) Without prejudice to the 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; PART THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 1, 2009 7 The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Sections 13, 14.) (ii) to institute Courses of study at the Institue; (iii) to make regulations; (iv) to consider and approve the annual report and annual accounts of the Institute for every financial year; (v) to invest moneys 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 sell as it may deem fit from time to time; (vii) to create or abolish posts of teachers and other employees of the Institute; (viii) to appoint such committees, bodies, as it considers necessary for the exercise of its powers and performance of its duties under this Act; (ix) to delegate any of its powers to the Director, Deans, Executive Registrar, or any 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 made thereunder, and all such other powers for achieving the objects of the Institute. Term of office of member of the Board. Academic Council. 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 nominations. (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 remainder 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 following members, namely:— (i) the Director of the Institute, ex officio, who shall be the Chairman of the Academic Council; (ii) two academicians or professionals 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; (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. R THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 1, 2009 [PART III The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Sections 15-17.) Powers of the Academic Council. Finance Committee. Powers and functions of Finance Committee. 15. Subject to the provisions of this Act, and the regulations made thereunder, 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 improvement 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 or the State Government 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; (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; (iii) one Dean of the Institute by rotation to be nominated by the Director; (iv) one expert to be nominated by the President; (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 consistent with the objectives and development plans of Institute; (vi) to make recommendations 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 revision of scale, upgradation of the scale and those items which are not included in the budget, before they are placed before the Board; (viii) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by the regulations. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 1, 2009 9 The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Sections 18, 19.) Appointment, term of office and other conditions of service of Director. Power and duties of the Director. 18. (1) 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; (iii) one member of the Board to be nominated by the President. (2) The President shall designate one member as the Chairman of the Committee. (3) The term of office of the Director shall be determined by the Board for the period not exceeding five years. (4) Notwithstanding anything contained in sub-sections (1) and (3), 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. (5) Where a vacancy in the office of Director occurs and it cannot be conveniently and expeditiously filled up in accordance with the provisions of sub-sections (1) and (3) 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. (6) The conditions of service of the Director, including salary, allowances, 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 Officer of the Institute and shall preside over at the meetings of the Academic Council and Finance Council. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Director shall— (i) exercise general supervision and control 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; (iv) exercise such other powers and perform such other duties as may be assigned to him under this Act or the regulations made thereunder 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 authority 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 option that such action ought not have been taken by the Director, it may refer the matter to the Chairman who may either conform 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 modification or annulment shall be without prejudice to the validity of anything previously done by or under the - of two n;rp,stnr. (v) (vi) 10 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 1, 2009 [PART III The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Sections 20-24.) Appointment, other terms and conditions of service of Executive Registrar and its power and duties. The Dean. Permanent Endowment Fund of the Institute. Payment to Institute. Funds of the Institute. (4) Where the exercise of the power by the Director under sub-section (3) involves the appointment of any person, such appointment shall be confirmed by the competent authority empowered to approve such appointment, in accordance with the provisions of this Act and the regulations made thereunder, 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 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:— he shall be responsible for the custody of records, common seal, the funds of the Institute and such other property of the Institute; he shall place before the Board and other authorities of the Institute, all such information as may be necessary for transaction of its business; he shall be responsible to the Director for the proper discharge of his functions; 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; he shall attest and execute all documents on behalf of the Institute; he shall exercise such other powers and perform such other duties as may be assigned to him under this Act and the regulations made thereunder 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 managing 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. (1) The Trust shall place funds at the disposal of the Institute to be called the Permanent Endowment Fund of a sum of five crores rupees or a sum required for meeting the full operational expenditure of the institute for three years, in long term interest bearing securities issued on or guaranteed by the Central or State Government. (2) 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. 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— (a) all moneys provided by the Trust; (b) all fees and other charges received by the Institute; (c) all moneys received by the Institute by way of grants, loans, gifts, donations, benefactions, bequests or transfers; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 1, 2009 11 The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Sections 25-28.) Accounts and audit. Pension and provident fund scheme. Acts and proceedings not to be invalidated by vacancies. Conferment of degrees, diplomas and grant of certificates by the Institute. (d) all moneys 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 to the Institute; (e) all moneys 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 Institute shall maintain proper accounts and other relevant records, and prepare an annual statement of accounts including the income and expenditure account and balance sheet, in such form and in such manner as may be prescribed by the regulations. (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 the 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 Accountants Act, 1949, who or which shall be appointed by the Board. (4) The Accounts of the Institute certified by the person or firm so appointed or any other person authorized 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 concurrent audit of all books of accounts, and such 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 annual report to the Board for review and approval. 26. (1) The Institute shall, with the approval of the Board, constitute for the benefit of its officers, teachers, and other employees, in such manner and subject to such conditions, as may be prescribed by the regulations, such schemes of pension, provident funds and insurance as it may deem fit, and also aid in establishment 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 distinctions and titles, as approved by the Board. 38 of 1949. 19 of 1925. 12 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 1, 2009 [PART III The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Sections 29-32.) Returns and informations. Management of the Institute on dissolution of the Trust. Power of State Government to issue direction. Power to make regulations. 29. The Institute shall furnish to the State Government, University Grants Commission and other statutory authorities such reports, returns, statements, and other information as may be required by them from time to time. 30. (1) The Trust shall give a notice of not less than six months period to the State Government of its intention to dissolve the Trust. (2) 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 Trust and until the last batch of students in regular courses of the Institute complete their courses. (3) 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 Institute. (4) On dissolution of the Trust, the Permanent Endowment Fund of the Institute 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 under the provisions of this Act and the regulations made thereunder and under any other law for the time being in force. 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 and 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 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 other authorities, bodies and committees of the Institute established under this Act, the qualifications and disqualifications for membership of such authorities, bodies and committees, term of office of the membership, appointment and removal of members thereof and other matters connected therewith, and removal of members of the Board, the Academic Council and the Finance Committee; (iv) the procedure to be followed by the Board and any Committee or other body constituted under this Act and by the regulations made thereunder in the conduct of the business, exercise of the powers and discharge of the functions; (v) the procedure and criteria to be followed in established courses of study and admission of students; (vi) the procedure to be followed by 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; PART III] THE KOLKATA GAZE 11'E, EXTRAORDINARY, JANUARY 1, 2009 13 The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Sections 33, 34.) (x) the creation of posts of Professors, Associate Professors, Assistant Professors, Readers, Lecturers of equivalent academic designations or posts, officers and employees of the Institute, and the appointment of persons to such posts including the qualifications requisite therefore; (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; (xvi) the method of recruitment, 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, teachers and employees of the Institute; (xx) the terms and conditions governing fellowship, scholarship, 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; (xxiii) all matters which, by this Act, are to be or may be prescribed by the regulations. Removal of difficulties. Transitory provisions. 33. If any difficulty arises with respect to the establishment of the Institute or in connection with the first meeting of any authority of the Institute or otherwise in first given effect to the provisions of this Act and the regulations made thereunder, 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 regulations made thereunder, which appear to him necessary or expedient for the purpose of removing the difficulty and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act and regulations made thereunder: 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,— (a) the Director may, with the prior approval of the President and subject of 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 made thereunder and for that purpose may exercise any power or perform any duties which by this Act and regulations made thereunder are to be exercised or performed by any authority of the Institute until such authority comes into existence as provided by this Act and regulation made thereunder; 14 THE KOLKATA GAZE11E, EXTRAORDINARY, JANUARY 1, 2009 [PART III The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2008. (Section 35.) (b) 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; (c) the Academic Council of the 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 members of the Academic Council holding office before such constitution shall cease to hold office; (d) 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 Finance Committee holding office before such constitution shall cease to hold office; (e) until the first regulations of the Institute are made under this Act, the existing rules and regulations of the Dhirubhai Ambani Institute of Information and Communication Technology, as approved by the Board as in force immediately before the commencement of this Act, shall continue to apply to the Institute, in so far as they are not inconsistent with the provisions of this Act. Indemnity. 35. No suit, prosecution or other legal proceedings shall lie against, and no damages shall be claimed from the Institute, the Director, the authorities, officers, any member of Board of Governors and the Committee Members 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. By order of the Governor, ANINDYA BHATTACHARYYA, Secy.-in-charge to the Govt. of West Bengal, Law Department.