(a) The Chairperson shall preside over the meetings of the Board:
(b) In cases where meeting of the Board is not convened as provided in the Statutes, the Chairperson shall have the powers to convene the meeting of the Board in accordance with the provisions of the Statutes;
(c) Where in the opinion of the Director, the situation demands that immediate decision needs to be taken in the interest of the Institute, then the Chairperson on the recommendation of the Director may issue such orders as may be deemed necessary :Provided that such orders shall be submitted for ratification of the Board at its next meeting: Provided further that no such decision shall be taken without the prior approval of the Board, where the Financial burden on the Institute exceeds the provisions of the budget approved by the Board;
(d) The Chairperson shall exercise such powers and perform such other functions as may be assigned to him under this Act, by Statutes, or by resolution of the Board.
Appointment of 20. (1) The Director shall be a scholar of eminence in the area Director. of Information Technology or Computer Science or Computer Engineering having administrative experience in a degree level institution of higher learning.
(2) Except as provided under this Act the Director of the Institute shall be appointed by the Chancellor "under the doctrine of pleasure" after consultation with the State Government from a panel of not less than three distinguished persons in the field of Information Technology recommended by the search committee under sub-section (3) or sub-section (7) of Section 20 of this Act:
Provided that if the person or persons approved by the Chancellor out of those recommended by the search committee are not willing to accept the appointment, the Chancellor may call for fresh recommendations from search committee.
(3) The Chancellor shall constitute a search committee consisting of following persons, namely :—
(i) one person recommended by the Board;
(ii) one person recommended by the Sponsor;
(iii) one person recommended by the Chancellor;
The Chancellor shall appoint any one of these three persons as Chairman of the search committee.
(4) For constituting the committee under sub-section (3), the Chancellor shall, six months before the expiry of the term of the Director, call upon the Board and the Sponsor to choose their nominees for the search committee, and if any or both of them fail to do so within one month of the receipt of the Chancellor's communication in this regard, the Chancellor may further nominate any one or both the persons, as the case may be.
(5) No person who is connected with the Institute shall be recommended or nominated on the search committee under sub-section (3).
(6) The search committee shall submit the panel within six weeks from the date of its constitution, or such further time as the Chancellor may deem fit:
Provided that except in respect of the appointment of the first Director of the Institute, such further time shall not exceed four weeks6.
(7) If for any reason the committee constituted under subsection (3) fails to submit the panel within the period· specified in sub-section (6), the Chancellor shall constitute another search committee consisting of three persons. not connected with the Institute, and shall appoint one of them as the Chairman of the Search Committee. The search committee so constituted shall submit a panel of three persons within a period of six weeks or such shorter period as may be specified, from the date of its constitution:
6 Ins. By Act of 2014, Sec.5 (w.e.f. 8-09-2014).
(8) If the committee constituted under sub-section (7) fails to submit the panel within the period· specified therein, the Chancellor may appoint any person whom he deems fit to be the Director after consultation with the State Government.
(9) The Director shall be a whole-time salaried officer of the Institute and his emolument and other conditions of service shall be prescribed by the Statutes.
(10) The Director shall hold office for a term not exceeding five years or till the attainment of the age of 70 years, whichever is earlier. And shall not be eligible for appointment for more than two terms.
Powers and functions of Director.
21. The powers and functions of Director shall be as follow. namely :
(a) The Director shall be the principal academic and executive officer of tile institute, responsible for proper administration of the Institute, imparting of instructions and maintenance of discipline therein;
(b) The Director shall submit annual reports and accounts to the Board;
Provided that the Chancellor may require the Director to submit such special or periodical reports as may be deemed necessary;
(c) It shall be the duty of the Director to ensure that the decisions taken by till Board are implemented;
(d) The Director shall exercise such other powers and perform such other functions, as may be prescribed by the Statutes, Ordinances, Regulations or Resolutions of the Board;
(e) Omitted7.
Appointment, powers and functions of Deans.
22. (1) The Deans shall be appointed by the Board on recommendations of the Director and on such terms and conditions as may be laid down by the Statutes.
(2) The Deans shall exercise such powers and perform such functions as may he assigned to them under this Act, Statutes, ordinances or Regulations or by the Board, as the case may be.
Appointment, powers and functions of Registrar.
23. (1) The appointment of the Registrar shall be on such terms and conditions as may be laid down by the Statutes.
(2) The Registrar shall be the custodian of records, the common seal, the funds and the property of the Institute.
(3) Registrar shall he responsible for and accountable to the Director and shall be subject to the directions and control of the director.
(4) The Registrar shall exercise such powers and perform such functions as may be assigned to him under this Act, Statutes, Ordinances, Regulations or by the Board, as the case may be, and in performance of such duties and exercising such powers, he shall be responsible to the Director for the proper discharge of his functions.
7 Ins. By Act of 2014, Sec.6 (w.e.f. 8-09-2014).
Other Authorities 24. The constitution, powers and functions of the other authorities, that may be declared by the Statutes to be the authorities of the Institute, shall be such as may be provided therein.
Grants by the State Government.
25. For the purpose of enabling the Institute to discharge its functions efficiently under this Act, the State Government may after due appropriation made by the Legislature by law in this behalf, pay to the Institute in each financial year such sums of money and in such manner as it may deem fit.
Funds of the Institute. 26. (1) The Institute shall maintain funds, which shall be credited with :—
(a) money provided by the State Government;
(b) fees and other charges received by the Institute;
(c) money received by the Institute by way of grants, gifts, donations, benefactions. bequests or transfers;
(d) money received by the Institute in any other manner or from any other source;
(e) money received from the Sponsor.
(2) Money credited to the Fund shall be deposited in such banks or invested in such manner as the Director may decide in accordance with the guidelines of Reserve Bank of India.
(3) Funds of the Institute shall be applied towards meeting of the expenses of the Institute, including expenses incurred in the exercise of powers and discharge of functions under this Act.
Accounts and audit. 27. (1) The Institute shall maintain proper accounts including the balance sheet, other relevant records and prepare an annual statement of accounts.
(2) The accounts of the Institute shall be audited by the Examiner of the Local Fund Audit of the State or such person or persons as he may authorize in this behalf.
(3) The Examiner of the Local Fund Audit and any person appointed by him in connection with the audit of the accounts of the Institute shall have the same rights, privileges and authority in connection with such audit as the Examiner of the Local Fund Audit has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute.
(4) The accounts of the Institute as certified by the Examiner of the Local Fund Audit or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the State Government and Government shall cause the same to be laid before the Legislative Assembly
(5) The Institute may appoint a statutory auditor for audit of its accounts, without derogating provisions mentioned above under sub-section (2), (3) and (4) of this Section.
Pension and provident funds
28. The Institute shall constitute for the benefit of its employees, including the Director, in such manner and subject to such conditions as may be prescribed by the statutes, such pension, insurance and provident funds schemes as it may deem fit:
Provided that the State Government may declare that the provisions of the Provident Fund Act, 1925 (No. l9 of 1925) shall apply to such Provident Fund as if it were a government provident fund.
Appointment of Staff. 29. All appointments of members of the staff of the Institute, except that of the Director, shall be made in accordance with the procedure laid down in the Statutes, by—
(a) The Board, if the appointment is made on the academic staff i.e. to the post of Associate Professor or above or if the appointment is made on the non-academic staff in any cadre, the maximum pay scale for which is prescribed in the Statutes from time to time; and
(b) the Director, in other cases.
Statutes. 30. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely :—
(a) the conferment of honorary degrees;
(b) the formation of departments, divisions, centres or schools of teaching;
(c) the fee to be charged for courses of study in the Institute and for admission to the examinations of degree and diploma or any other distinction or award of the Institute;
(d) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(e) the term of office and the method of appointment of officers of the Institute;
(f) the qualifications of teachers of the Institute;
(g) the classifications, the method of appointment and the determination of the terms and conditions of service of teachers and other staff of the Institute;
(h) the constitution of pension, insurance and provident funds, for the benefit of officers, teachers and other staff of the Institute;
(i) the constitution, powers and duties of the authorities of the Institute;
(j) the establishment and maintenance of halls and hostels;
(k) the conditions of residence of students of the Institute and the levying of fee for residence in the halls and hostels and of other charges;
(l) the manner of filling vacancies among members of the Board;
(m) Omitted8;
(n) the authentication of the orders and decisions of the Board;
(o) the meetings of the Board, the Senate, or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business;
(p) any other matter, not being inconsistent with the 8 Ins. By Act of 2014, Sec.7 (w.e.f. 8-09-2014).
provisions of this Act, which, by or under this Act and the Statutes there under, are, or to be, or may be, provided.
Statutes how made. 31. (1) The State Government shall make the first Statutes, which shall be effective from the date of its publication in the Official Gazette.
(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1):
Provided that every new Statute or addition to the Statutes or any amendment or repeal of Statute shall require the previous approval of the Chancellor who may assent thereto, or withhold assent, or remit it to the Board for reconsideration:
Provided further that a new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Chancellor.
Ordinances. 32. Subject to the provisions of this Act and the Statutes, the Ordinances of Institute may provide for all or any of the following matters, namely :—
(a) admission of the students to the Institute;
(b) the courses of study to be laid down fm: all degree, diploma or any other distinction or award of the Institute;
(c) the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the Institute, and shall be eligible for degree and diploma or any other distinction or award of the Institute;
(d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes;
(e) the conditions and mode of appointment and duties of examining bodies, examiners and moderators;
(f) the conduct of examinations:
(g) the maintenance of discipline among the students of the Institute;
(g-1) constitution of Students’ Union and its mode; and9
(h) any other matter, not being inconsistent with the provisions of this Act or Statutes, which, by or under this Act and the Statutes thereunder, are, or to be, or may be, provided.
Ordinances how made.
33. (1) Save as otherwise provided in this section, Ordinances shall be made by the Senate.
(2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board at its next succeeding meeting.
(3) The Board shall have power by resolution to modify or 9 Ins. By Act of 2014, Sec.8 (w.e.f. 8-09-2014).
cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified or cancelled, as the case may be.
Power to make regulations.
34. The authorities of the Institute may make Regulations consistent with this Act, the Statutes and the Ordinances, in the manner prescribed by the Statutes for the conduct of their own business and that of any of the committees appointed by them and not provided for by the Act, the Statutes or the Ordinances.
Proceedings of the Institute authorities or bodies not to be invalidated by vacancies etc.
35. No act or proceedings of the Board, the Senate or any other authority constituted under this Act shall be invalidated merely by reason of;
(a) the existence of any vacancy or vacancies among its members;
(b) any defect in the selection, nomination or appointment of a person acting as a member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
Removal of the Director, member of the Board, Senate or Finance Committee of the Institute.
36. (1) The Chancellor may, by rules to be framed in this behalf by the State Government, order the removal of the Director of the Institute or of any member of a duly constituted body of the Institute at any time, on charges relating to moral turpitude, unbecoming conduct, gross indiscipline, conflict of interest or any other ground provided in the rules.
(2) The Director of the Institute shall not be removed from office without charges being served on him specifying the grounds for the proposed removal from office, with an opportunity being afforded to him to explain his conduct and reply to the charges.
(3) No member of a duly constituted body of the Institute may be removed without being given an opportunity to be heard by a person nominated by the Chancellor in this behalf.
Power to remove difficulties.
37. If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty :
Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act.
Power to make rules. 38. The State Government may, subject to the previous publication, by notification in the Official Gazette, make rules to carry out all or any of the purpose of this Act.
Statutes and Ordinance to be published in the Official Gazette and to be laid before the Legislature.
39. (1) Every Statute and Ordinance made under this Act shall be published in the Official Gazette.
(2) Every Statute, including amendments to the First Statute, Ordinance or Rule made under this Act shall be laid. as soon as may be after it is made, before the House of the Legislative Assembly of Chhattisgarh while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees in making any modification or the House agrees that the Statute or the Ordinance or the Rule, as the case may be, should not be made, the Statute or the Ordinance or the Rule, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the Statute or the Ordinance or the Rule, as the case may be.
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BdsrE{qqd, Eqi6 zrs€0 zors 208 (1) - CIIHATTISGARH ACT (No. 5 of 2015) TIIE INTERNATIONAL INSTITUTE OF INFORMATION TECNOIJOGY OIID UNIVERSITY(AMENDMENT) ACT, 2014 An Act further to amend the International Institute oflnformation Technolory (IIIT) University Act,2013 (No. 15 of 2013).
Be it enacted by the Chhattisgarh Legislature in the Sixfy-fifth Year of the Republic of lndia, as follows :-
1. (1) This Act may be called the International Institute of Information short title ard Technology(IIIT)University(Amendment)Act,2014. commenc€m€rt' @ It shall come into force fiom the date of its publication in the Official Gazette.
2. After sub-section (3) of Section 12 of the Intemational Institute Information Amendment oI Technology (lIlT) University Act,2013 (No. 15 of 2013), the following shall be added, section 12' namely :- '(4) In the event ofany vacancy, including a temporary vacancy in the Office of Director, by reason ofdeath, resignation, leave, illness or otherwise, the Board may entrust to any of its members the functions olthe Director, till the date on which Director appointed under Section 20 enters upon his office :
Provided that the Board may decide the emoluments and allowances of such member :
Provided further that the arrangement contemplated in this subsection shall not continue for a period of more tian six months."
3. The lntemational Institute of Information Technology (lllT) Universiry (Amendment) Repeal.
Ordinance, 2014 (No.4 of20l4) is hereby, repealed.
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r*€rrd{rqrd, fuqi* : fuaan zors er8 (1) CHHAITISGARH ACT ( No. 32 of2015 ) THE INTERNATIONAL INSTITI,'TE OF INFORMATION TECHNOI,OGY (IIIT) uNlvERsrrY GMENDMENI) ACrl 20ls An Act to further amend the International Institute of Information Technolory (UIT) UniyersityAct,2013 (No. l5 of20l3).
Be itenacted by the Chhattisgarh Legislature in the Sixty-sixth Year ofthe Republic oflndia, as followsi l. (l) This Act may be called the lntemational Institute of Information short rirte and Technolory (IIIT) Universib, (Amendment) Act,20l5. com mencemer t.
@ It shall come into force I}om the date of its publication in the Official Gazette.
2. In second proviso to sub-section (4) of Section 12 of the Intemational Institute Amendment of oflnformation Technology (IIIT) Univesity Act, 20 I 3 (No. 15 of2013), forthe words section 12.
"six months" the words "one vear" shall be substituted.
3. The lnternational fnstltut" of Information Technology (IllT) University Repeel.
(Amendment) Ordinance, 20 I 5 [No. I of20 I 5) is hereby, repealed.
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