28. (1) For the purposes of enabling the Institutes to discharge their functions efficiently
under this Act, the Central Government may, after due appropriation made by Parliament by
law in this behalf, pay to each Institute in every financial year such sums of money in such
manner as it may think fit.
(2) The Central Government shall provide to each Institute, grants of such sums of
money as are required to meet the expenditure on scholarships or fellowships instituted by
it, including scholarships or fellowships for students from socially and educationally backward
classes of citizens enrolled in such Institute.
29. (1) Every Institute shall maintain a fund to which shall be credited —
(a) all monies provided by the Central Government or State Government, as the
case may be;
(b) all fees and other charges received by the Institute from students;
(c) all monies received by the Institute by way of grants, gifts, donations,
benefactions, bequests or transfers;
Review of
performance
of Institute.
Grants by
Central
Government.
Fund of
Institute.
Other
authorities
and officers.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(d) all monies received by the Institute from utilisation of intellectual property
arising from research conducted or provision of advisory or consultancy services by
it; and
(e) all monies received by the Institute in any other manner or from any other
source.
(2) The fund of every Institute shall be applied towards meeting the expenses of the
Institute, including expenses incurred in the exercise of its powers and discharge of its duties
under this Act, furtherance of research in the Institute or in collaboration with other educational
institutions or industry and for capital investment aimed at the growth and development of
the Institute.
30. (1) Every Institute shall maintain proper accounts and other relevant records and
prepare annual statement of accounts including the balance sheet in such form and accounting
standard as may be specified by notification, by the Central Government in consultation with
the Comptroller and Auditor-General of India.
(2) Where the statement of income and expenditure and the balance sheet of the
Institute do not comply with the accounting standards, the Institute shall disclose in its
statement of income and expenditure and balance sheet, the following, namely:—
(a) the deviation from the accounting standards;
(b) the reasons for such deviation; and
(c) the financial effect, if any, arising out due to such deviation.
(3) The accounts of every Institute shall be audited by the Comptroller and AuditorGeneral of India and any expenditure incurred by audit team in connection with such audit
shall be payable by the Institute to the Comptroller and Auditor-General of India.
(4) The Comptroller and Auditor-General of India and any person appointed by him in
connection with the audit of the accounts of any Institute shall have the same rights, privileges
and authority in connection with such audit as the Comptroller and Auditor-General of India
has in connection with the audit of the Government accounts and, in particular shall have the
rights to demand the production of books, accounts, connected vouchers and other
documents and papers and to inspect the offices of the Institute.
(5) The accounts of every Institute as certified by the Comptroller and Auditor-General
of India or any other person appointed by him in this behalf together with the audit report
thereon shall be forwarded annually to the Central Government and that Government shall
cause the same to be laid before each House of Parliament in accordance with such procedure
as may be laid down by the Central Government.
31. (1) Every Institute may constitute for the benefit of its employees such provident
or pension fund or provide such insurance scheme as it may deem fit in such manner and
subject to such conditions as may be prescribed by the Statutes.
(2) Where such provident fund or pension fund has been so constituted, the Central
Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to
such fund, as if it were a Government Provident Fund.
32. All appointments of the staff of every 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 in the post of
Assistant Professor or if the appointment is made on the non-academic staff in every
cadre the maximum of the pay scale for which exceeds prevalent grade pay scale for
Group A Officers;
(b) the Director, in any other case.
Accounts and
audit.
Pension and
provident
fund.
19 of 1925.
Appointments.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
33. 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 degree;
(b) the formation of departments of teaching;
(c) the fees to be charged for courses of study in the Institute and for admission
to the examinations of degrees and diplomas of the Institute;
(d) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(e) the terms of office and the method of appointment of officers of the Institute;
(f) the qualifications of teachers of the Institute;
(g) the classification, 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
the 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
fees for residence in the halls and hostels and of other charges;
(l) the allowances to be paid to the Chairperson and members of the Board;
(m) the authentication of the orders and decisions of the Board; and
(n) 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.
34. (1) The first Statutes of each Institute shall be made by the Board with the prior
approval of the Visitor and a copy of the same shall be laid as soon as may be before each
House of Parliament.
(2) The Board may, from time to time, make new or additional Statutes or may amend or
repeal the Statutes in the manner provided in this section.
(3) Every new Statutes or addition to the Statutes or any amendment or repeal of
Statutes shall require the prior approval of the Visitor who may grant assent or withhold
assent or remit it to the Board for consideration.
(4) New Statutes or a Statute amending or repealing an existing Statute shall have no
validity unless it has been assented to by the Visitor:
Provided that the Central Government with the prior approval of the Visitor may make
or amend the Statutes for the Institute, if the same is required for uniformity, and a copy of the
same shall be laid as soon as may be before each House of the Parliament.
35. Subject to the provisions of this Act and the Statutes, the Ordinances of every
Institute may provide for all or any of the following matters, namely:—
(a) the admission of the students to the Institute;
(b) the courses of study to be laid down for all degrees and diplomas 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
degrees and diplomas;
(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;
Statutes.
Statutes how
to be made.
Ordinances.
14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(f) the conduct of examinations;
(g) the maintenance of discipline among the students of the Institute; and
(h) any other matter which by this Act or the Statutes is to be or may be provided
for by the Ordinances.
36. (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 submitted, as soon as may be, to the Board and shall
be considered by the Board at its next meeting.
(3) The Board shall have power by resolution to modify or cancel any such Ordinance
and such Ordinance shall from the date of such resolution stand modified accordingly or
cancelled, as the case may be.
37. (1) (a) Any dispute arising out of a contract between a Institute and any of its
employees shall, at the request of the employee concerned or at the instance of the Institute,
be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute,
one member nominated by the employee, and an umpire appointed by the Visitor.
(b) The decision of the Tribunal shall be final and shall not be questioned in any
court.
(c) No suit or proceeding shall lie in any court in respect of any matter, which is
required by sub-section (1) to be referred to the Tribunal of Arbitration.
(d) The Tribunal of Arbitration shall have power to regulate its own procedure:
Provided that the Tribunal shall have regard to the principles of natural justice
while making such procedure.
(e) Nothing in any law for the time being in force relating to arbitration shall
apply to arbitrations under this section.
(2) Any student or candidate for an examination whose name has been removed from
the rolls of the Institute by the orders or resolution of the Director of the Institute and who
has been debarred from the appearing at the examinations of the Institute for more than one
year, may within ten days of the date of receipt of such resolution by him, appeal to the Board
of Governors who may confirm, modify or reverse the decision of the Director.
(3) Any dispute arising out of any disciplinary action taken by the Institute against a
student shall, at the request of such student, be referred to a Tribunal of Arbitration and the
provisions of sub-section (1) shall, as far as may be, apply to a reference made under this
sub-section.
(4) Every employee or student of the Institute, notwithstanding anything contained in
this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the
Board of Governors against the decision of any officer or authority of the Institute as the
case may be and thereupon the Board of Governors may confirm, modify or reverse the
decision appealed against.
38. (1) There shall be attached to every statement of accounts laid before the Board of
each Institute, a report by its Director, with respect to –
(a) the state of affairs of such Institute;
(b) the amounts, if any, which it proposes to carry to any surplus reserves in its
balance sheet;
(c) the extent to which understatement or overstatement of any surplus of income
over expenditure or any shortfall of expenditure over income has been indicated in the
auditor’s report and the reasons for such understatement or overstatement;
Ordinances
how to be
made.
Tribunal of
Arbitration.
Annual report
of Director.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15
(d) the productivity of research projects undertaken by the Institute measured in
accordance with such norms as may be specified by any statutory regulatory authority;
(e) appointments of the officers and teachers of the Institute;
(f) benchmark and internal standards set by the Institute, including the nature of
innovations in teaching, research and application of knowledge.
(2) The Director shall also be bound to give the complete information and explanations
in its report aforesaid on every reservation, qualification or adverse remark contained in the
auditors’ report.
39. (1) The annual report of each Institute shall be prepared under the direction of the
Board, which shall include, among other matters, the steps taken by the Institute towards the
fulfilment of its objects and an outcome based assessment of the research being undertaken
in such Institute, and be submitted to the Board on or before such date as may be specified
and the Board shall consider the report in its annual meeting.
(2) The annual report on its approval by the Board shall be published on the website
of the Institute.
(3) The annual report of each Institute shall be submitted to the Central Government
who shall, as soon as may be, cause the same to be laid before both Houses of Parliament.