(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 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. 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 subsection (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; 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 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 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 modification 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 appointment 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 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. 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 guaranteed 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 Institute 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 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 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 concurrent 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 annual 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, 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 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, 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. The trust shall give a notice of not 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 Trust 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 Institute. 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 under 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, term 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, Assistant 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, teachers 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 of 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 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 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 exercised 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 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;
(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 Regulations 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 Act, 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 Director, 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 the words “the Dhirubhai Ambani Foundation, Mumbai”, ibid., s. 2(2).
4 These words were substituted for the words “the Dhirubhai Ambani Foundation”, ibid., s. 3.
5 Clause (v-a) was inserted by Guj. 27 of 2006, s. 2.
Indemnity.