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olkata
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.
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About this act
- Jurisdiction
- West Bengal
- Enactment date
- 2009-01-01
- Sections available
- Document reader
India Code, Government of India. Text fetched 14 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.