Annex II
Harish-Chandra Research Institute, Allahabad
Rules and Byelaws
NAME OF THE SOCIETY 1 The name of the society shall be "HARISH-CHANDRA RESEARCH INSTITUTE" hereinafter called "THE INSTITUTE".
AIMS AND OBJECTS 2. The AIMS AND OBJECTS of the Institute shall be
(i) to establish "Harish-Chandra Research Institute";
(ii) to conduct investigations and research on problems in Mathematical Sciences;
(iii) to train research workers and provide facilities for advanced studies in Mathematical Sciences;
(iv) to establish and maintain contact with researches, studies and activities, in different parts of the world, in Mathematical Sciences and with research workers in these subjects through joint and co-operative studies, projects, meetings and conferences and through interchange of visits and other ways and means;
(v) to disseminate knowledge and provide technical information which may be of professional, public and industrial advantage;
(vi) to establish, maintain and manage educational institutions, laboratories, workshops and factories, experimental farms, research units, clinics, medical and biological units, libraries, reading rooms, printing presses, units of photography and other technical establishments;
(vii) to take all other steps, to perform all other acts and to engage in all other activities that may be useful or necessary to the fulfillment of the aims and objects of the Institute.
REGISTERED OFFICE 3. The registered office of the Institute shall be at Chhatnag Road, Jhunsi, Allahabad - 211019 (U.P.)
NAMES, ADDRESSES AND OCCUPATIONS OF THE MEMBERS
OF THE GOVERNING COUNCIL OF THE INSTITUTE
TO WHOM THE MANAGEMENT OF ITS AFFAIRS IS ENTRUSTED.
1. |
Prof. M. S. Raghunathan (Chairman) |
School of Mathematics, TIFR, Homi Bhabha Road, Mumbai - 05 |
Service |
2. |
Shri S.L. Mehta (Vice Chairman) |
4, Clive Row, Calcutta - 01 |
Business |
3. |
Prof. K.B. Sinha (Member) |
Director, Indian Statistical Institute, 203, B.T. Road, Calcutta –35 |
Service |
4. |
Prof. I.B.S. Passi (Member) |
Harish-Chandra Research Institute, Jhunsi, Allahabad – 19 |
Service |
5. |
Prof. G. Rajasekaran (Member) |
Ex-Joint Director, Institute of Mathematical Sciences, CIT Campus, Chennai –13 |
Service
|
6. |
Dr. B. R. Jha (Member) |
310, Bharti Bhavan, Allahabad -03 |
Profession |
7. |
Shri R.L. Pancholi (Member) |
Belvedere Estate, 11/13, Alipore Road, Flat No. 6, Calcutta – 27 |
Service |
8. |
Smt. Sudha Bhave (Member) |
Joint Secretary (R&D), Govt. of India, Deptt. of Atomic Energy, C.S.M.Marg, Mumbai 01 |
Service
|
9. |
Shri P.D. Karandikar (Member) |
Joint Secretary (F), Govt. of India, Deptt. of Atomic Energy, C.S.M.Marg, Mumbai 01 |
Service
|
10. |
Dr. R.K. Baslas (Member) |
Director of Higher Education, U.P., Allahabad – 01 |
Service |
11. |
Prof. H.S. Mani (Ex-Officio Member) |
Harish-Chandra Research Institute, Jhunsi, Allahabad -19 |
Service |
We the undersigned, wish to get a society registered under the Societies Registration Act-XXI of 1860 according to the amended memorandum given above.
REVISED RULES OF HARISH-CHANDRA RESEACH INSTITUTE ALLAHABAD
NAME OF THE SOCIETY 1. The name of the Society shall be "HARISH-CHANDRA
RESEARCH INSTITUTE", hereinafter called "THE INSTITUTE".
AIMS AND OBJECTS 2. The AIMS AND OBJECTS of the Institute shall be:
(i) to establish "Harish-Chandra Research Institute";
(ii) to conduct investigations and research on problems in Mathematical Sciences, Computer Science and related topics;
(iii) to train research workers and provide facilities for advanced studies in Mathematical Sciences, Computer Science and related topics;
(iv) to establish and maintain contact with researches, studies and activities, in different parts of the world, in Mathematical Sciences, Computer Science and related topics with research workers in these subjects through joint and co-operative studies, projects, meetings and conferences and through interchange of visits and other ways and means;
(v) to disseminate knowledge and provide technical information which may be of professional, public and industrial advantage;
(vi) to establish, maintain and manage educational institutions, laboratories, workshops, research units, medical units and clinics, libraries, reading rooms, printing presses, units of photography and other technical establishments for promoting the objects of the Institute, and
(vii)to take all other steps, to perform all other duties and to engage in all other activities that may be useful or necessary to the fulfillment of the aims and objects of the Institute.
POWERS 3. For and in connection with the furtherance to its objects, or any of them, the Institute shall have power:
(i) to hold meetings, arrange lectures, seminars, discussions, conferences, instructions and courses of studies;
(ii) to create branches, divisions, departments, faculties, sections and units, for proper and efficient conduct of the activities of the Institute in different sections;
(iii) to institute or create Professorships and other posts and to employ persons on these posts and officers, workers, contractors and others, as necessary, on salary, honorarium, wages or piece-rate remuneration on whole-time, part-time or casual basis;
(iv) to institute, and to employ persons to, research fellowships and assistantships, of different categories, for professional workers in Mathematical Sciences, Computer Science and related topics;
(v) to take appropriate steps for the recognition of the Institute by the Central and the State Governments of the country for purposes of research and if considered necessary, for its affiliation with a statutory university established by law in the country;
(vi) to hold examinations, award degrees, diplomas and certificates and other distinctions as permissible under the law and the rules and bye-laws of the Institute and to take appropriate steps for the Institute and/or its degrees, diplomas, certificates and fellowships being registered and/or recognized by the Central and State Governments of the country as also in different parts of India and in foreign countries;
(vii)to publish books, research journals, periodicals, reports, research and working papers and other materials at its own cost or with grants and other assistance received for this purpose and to contribute to the cost of and to sell such publications, to distribute them gratuitously or at reduced rates;
(viii)to establish and maintain directly, or through suitable subsidized or other agencies, hostels messes, guest houses, housing tenements and colonies, canteens, transports, organisations including night schools, adult education centres, health homes, clubs, and co-operative organisations for proper and efficient performance of the activities of the Institute and/or for the welfare of its workers and their families and students;
(ix) subject to the provisions of rule 7 of the rules of the Institute, to purchase, acquire, hold or dispose off and maintain for the purposes of the Institute, lands, buildings and other properties, movable and immovable, and to construct, build, alter or demolish roads, drains, water-works, buildings, structures and other works for the purpose of the Institute and of its workers;
(x) subject to the provisions of rule 7 of rules of the Institute, to accept endowments, gifts and donations, fees, block grants, rents, security deposits (in cash or otherwise) and other funds and payments to invest funds, to borrow or otherwise raise money for the purposes of the Institute.
(xi) to establish, maintain or continue, one or more provident fund, superannuation fund or management of such authorities, agencies, associations or institutions as may be considered suitable for purposes of carrying out such work as may be entrusted to them in the interest of the Institute and of the workers of the Institute and to pay into such funds such amounts as may be considered necessary from time to time for the furtherance of the objects of the Institute, or any of them;
(xii)to incur expenditure, make donations and grants or give subscription and make all other necessary arrangements for carrying on the work of the Institute;
(xiii)to co-operate with universities, governments, associations, societies, institutions and organisations, to establish outlying centres, branches and offices; to amalgamate the Institute with any other organisation having objects wholly or in part similar to those of the Institute and to organise, establish, affiliate, carry-on and maintain, dissolve, disaffiliate or give up branches or to associate with other institutions having objects wholly or partially similar to those of the Institute; and
(xiv)to take such other actions as may be incidental or conducive to the attainment of the objects of the Institute, or any of them.
REGISTERED OFFICE 4. The Registered Office of the Institute shall be :
Chhatnag Road, Jhunsi, Allahabad - 211019, U.P.
THE INSTITUTE 5. The first members of the Governing Council and all persons who may hereafter become members of the Governing Council, as long as they continue to hold the membership, shall constitute a body corporate by the name of "HARISH-CHANDRA RESEARCH INSTITUTE" hereinafter called "THE INSTITUTE".
6. The Institute shall have a perpetual succession and shall be capable of suing or being sued in its name through its Registrar.
VESTING OF 7.(a) All properties, funds or assets as are gifted by the B. S.
PROPERTY Mehta Trust, Calcutta, by the Central Government, the State Government of Uttar Pradesh, or any other Government, or gifted or bequeathed by any other person, to the Harish-Chandra Research Institute, shall, subject to the Rules and Bye-laws, vest in the Governing Council of the Institute.
(b) All lands gifted or donated as aforesaid and all buildings constructed by, or constructed with the funds donated or gifted by the Baldeoram Saligram Mehta Trust, shall revert to and belong to that Trust, i.e. the Baldeoram Saligram Mehta Trust, if such land or building ceases to be held or used by, or for the objects and purposes of the Institute aforesaid.
(c) If Harish-Chandra Research Institute aforesaid is wound up, the Baldeoram Saligram Mehta Trust shall have the power, with the consent of the grantor or donor, to employ all immovable properties which can be clearly demarcated as having been so gifted or donated or constructed by the government or any other body or individual, whose consent is taken, to the Harish-Chandra Research Institute, for such charitable or educational purposes as the grantor or donor and the Baldeoram Saligram Mehta Trust might agree to. The power in this rule would be exercisable only with the consent aforesaid.
THE GOVERNING 8. Subject to the Rules and Bye-laws, the administration, manage
COUNCIL -ment and direction of the affairs of the Institute shall vest in GOVERNING COUNCIL, hereinafter called "THE COUNCIL".
FUNDS OF THE 9. The Funds of the Institute shall consist of:
INSTITUTE
(I) Grants from governments, governmental bodies, universities, institutes or corporations, institutions or societies;
(II) Income and benefits received or accruing from properties, assets and investments of the Institute, the sale of the publications of the Institute; and
(III) Fees levied from time to time.
FIRST MEMBERS OF 10. The first members of the Governing Council of the Institute
THE GOVERNING have been:
COUNCIL
1. Sri K.L. Misra, Allahabad 2. Sri D.R. Jha, Calcutta 3. Sri K.L. Nagar, Calcutta 4. Sri R.L. Pancholi, Calcutta 5. Dr. D.P. Gupta, Allahabad 6. Dr. S.N. Bhatt, Allahabad 7. Dr. S.R. Sinha, Allahabad 8. Prof. A.B. Lal, Vice-Chancellor (ex-officio), University of Allahabad 9. Sri Nafisul Hasan, Vice-Chancellor (ex-officio), Univ., of Kanpur, Kanpur 10. Prof. R.N. Sen, Calcutta 11. Rev. Father Dr. C. Racine, Madras |
12. Prof. R.S. Varma, Delhi 13. Prof. U.N. Singh, Delhi 14. Sri T.D. Chatterji, Calcutta 15. Sri. S.L. Mehta, Calcutta 16. Sri M.L. Mehta, Calcutta 17. Sri G. Mehta, Calcutta 18. Sri S.K. Mehta, Calcutta 19. Sri M.L. Jha, Allahabad 20. Sri B.R. Jha, Allahabad 21. Sri H.L. Pancholi, Mathura 22. Dr. K.P. Tewari, Varanasi
|
COMPOSITION OF THE 11 (i) Three members to be nominated by the Government of
GOVERNING COUNCIL India in the Department of Atomic Energy
(ii) Three members to be nominated by the B.S.
Mehta Trust, Calcutta
(iii) One member from the Government of Uttar Pradesh
(iv) Four Academicians of repute to be nominated by the
Department of Atomic Energy
(v) Director of the Institute - (ex-officio)
Provided that;
(a) The term of the office of the members of the Governing Council shall be 3 years. The members who are nominated in their individual capacity may be re-nominated by the nominating authority concerned if it so desires. However, the term of the office of the official nominees shall be co-terminus with the office they hold and their nomination shall be by designation.
(b) it will be open to the nominating authority to change any or all of its nominees in the Council at any time.
OFFICE BEARERS 12. The Council shall have the following office bearers -
Chairman and Vice-Chairman.
(a) The Council shall elect its Chairman and Vice-Chairman from its members other than the Director.
(b) The Registrar shall be ex-officio non-member Secretary of the Council.
VACANCIES 13. When vacancy occurs in the office of a member of the Council, other than the Director, through death, resignation or any other reason, such vacancy shall be filled by the authority which appointed such a member.
VACANCY NOT 14. No act or proceedings of the Council shall be deemed to be
TO AFFECT invalid merely by reason of a vacancy in the Council or
PROCEEDINGS defect in the appointment of a person acting as a member.
STAFF OF THE 15. Subject to the provision of these Rules, the staff of the
INSTITUTE Institute shall consist of :
(i) Director,
(ii) Professors,
(iii) Other members of the academic staff,
(iv) Registrar,
(v) Such other employees as may be considered necessary for the work of the Institute.
APPOINTMENT OF 16. Appointment of the Director shall be made by invitation by
THE DIRECTOR the Council, normally for a period not exceeding 5 years at a time. His salary and allowances and other conditions of service shall be fixed by the Council.
Provided that for the appointment of the Director concurrence of at least two of the three nominees of the Government of India shall be necessary.
OFFICIATING 17. Notwithstanding anything contained in Rule 16, the Council
DIRECTOR OR may appoint a person to officiate as Director, in the absence
TEMPORARY of the Director appointed under Rule 16.
DIRECTOR
The Council may also make a temporary appointment of Director in the vacancy of the office of the Director. Every appointment under this rule shall be for a period not exceeding one year at a time.
APPOINTMENT OF 18. The appointment of the Registrar shall be made by the Council
THE REGISTRAR on the recommendation of the Director.
APPOINTMENT OF 19. Subject to the provision of Rule 21 the appointment of the
PROFESSORS members of Academic staff to the rank of Reader, Associate Professor and Professor shall be made by the Council on the recommendation of the Director. The appointments shall be by invitation.
APPOINTMENT OF 20. Appointment of employees other than those mentioned in Rule
OTHER EMPLOYEES 16, 17, 18 and 19 above, shall be made by the Director, or by
any one to whom the power has been delegated by him.
20 A. The Director of the Institute shall consider the request for
appointment on compassionate ground and take decision in
consultation with the Governing Council as per Govt. norms.
TENURE OF APPOINT- 21.Notwithstanding anything contained in Rules 16,17, 18 and 19
MENT OF THE STAFF the Council may offer continuing appointments upto the age
OF THE INSTITUTE of 60 years to selected members of the academic staff, who
have rendered meritorious service to the Institute for a
minimum period of 5 years.
Save as otherwise prescribed, each employee shall, after completion of the probationary period, be given a continuing appointment up to the date of superannuation, which shall be the day of his attaining the age of 60 years.
Extension of service up to the age of 65 years may be granted to an academic member of exceptional merit. Such extension shall not be given for more than two years at a time.
THE ACADEMIC 22. The Director, Professors, Associate Professors and such other
COMMITTEE members of the academic staff as may be decided upon by the Council, shall constitute the Academic Committee of the Institute. The terms of reference and the functions of the Committee will be as laid down by the Council.
VISITING SCIENTISTS 23.The Director of the Institute, in consultation with the Academic Committee of the Institute (as mentioned in Rule 22 above) may extend invitations to eminent Professors in India and foreign countries, requesting them to lend their co-operation and services to the Institute for specific periods on terms and conditions as prescribed by the Council for VISITING SCIENTISTS.
YEAR 24. The Financial Year of the Institute shall be from the 1st April to the 31st of March in the succeeding calendar year.
BUDGET AND 25.(a) Moneys forming part of the funds of the Institute shall be
ACCOUNTS deposited in the name of "HARISH-CHANDRA RESEARCH INSTITUTE" Allahabad, in an approved Bank or Banks. The accounts shall be operated by person or persons so authorised by the Council, from time to time, through Bye-Laws framed for the purpose.
(b) The accounts of the Institute shall be audited every year by qualified Chartered Accountant or Accountants as prescribed by law and shall be appointed by the Director with the approval of the Council from time to time for the purpose. Accounts for any financial year shall be audited, at the latest, by the end of December next after the close of the Financial Year.
(c) The Council shall frame the annual budget before the end of March and forward copies thereof to the Government of India and the Government of Uttar Pradesh, for their information.
ANNUAL REPORT 26 The Council shall submit an annual report on the working of the Institute to the Government of India and the Government of Uttar Pradesh, which shall include the Audited Statement of Accounts pertaining the concerned financial year.
DELEGATION OF 27. The Council may delegate any of its functions, except those
FUNCTIONS relating to appointments and finances, to any committee or person(s) appointed or nominated by it for the purpose.
The Director may delegate any of his powers, duties and functions to any member of the staff of the Institute with the approval of the Council.
FRAMING OF 28. The Council may frame Bye-Laws from time to time, not in-
REGULATIONS consistent with these Rules, for the general administration and management of the Institute and may, in particular, provide for the following matters.
(a) conduct of business and the procedure to be adopted at the meetings of the Governing Council and the quorum for such meetings;
(b) date of commencement and duration of the sessions of the Institute;
(c) finances and accounts of the Institute;
(d) payment and amount of fees to be levied;
(e) term and tenure of appointments, emoluments, allowances and other conditions of service of all the employees of the Institute;
(f) duties and functions of the Director and other employees of the Institute;
(g) rules regarding discipline, suspension and dismissal of the employees of the Institute;
(h) courses of study and research in the Institute;
(i) award of certificates, diploma etc.,
(j) admission of students to the Institute;
(k) execution of contracts and other instruments on behalf of the Institute;
(l) establishment and maintenance of pension, provident fund and other funds for the benefit of the employees of the Institute or for the purpose of the Institute;
(m) providing for traveling or other allowances to members for attending meetings of the Council, committees or sub-committees;
(n) conduct and defense of legal proceedings and the manner of signing pleadings; and
(o) making such bye-laws as might be necessary for fulfilling the objects of the Institute and under any Rule of the Institute.
AMENDMENT OF 29. The Council shall have the power to alter, add to or modify
RULES the provisions of these Rules by a three-fourth majority of its
members present at a meeting specially called for the purpose.
HARISH-CHANDRA RESEACH INSTITUTE ALLAHABAD
REVISED BYE – LAWS OF THE
Incorporating amendments approved
at
Council meetings up to 21st April, 2006
A. COUNCIL MEETINGS AND PROCEDURES-
A.1. MEETINGS : Meetings of the Council shall ordinarily be held two times a year, one in September/October and the other in February/March. An extraordinary meeting shall be convened on the written requisition of at least three members of the Council to the Chairman of the Council/Director.
A.2. PLACE OF MEETING : Meeting of the Council shall generally be held at the Institute, unless the Chairman directs otherwise.
A.3. NOTICE OF A MEETING : Notice of a meeting, accompanied by an agenda, shall be sent to every member of the Council at least fifteen days prior to the date of the meeting, provided that a supplementary agenda may be taken up and considered at any meeting with the permission of the Chairman of that meeting.
A.4. CHAIRMAN OF THE MEETING : The Chairman of the Council, and in his absence the Vice-Chairman, shall preside at all meetings of the Council. In the absence of both, the Chairman and the Vice-Chairman the members present shall elect one from amongst themselves to preside at the meeting.
A.5. QUORUM OF THE MEETING : Six members shall form the quorum and all questions coming up before the Council, except an alteration under Rule 29 (of amending the rules) of the Rules of the Institute, shall be decided and all resolutions passed by a majority of votes of the members present and voting. In case of equality of votes, the person presiding at the meeting shall have a second or casting vote.
The Council may meet and transact business in spite of the fact that notice of the meeting, though duly sent had not been received by any member of the Council.
A.6. ADJOURNED MEETING : If there is no quorum at the expiration of 15 minutes after the time fixed for a meeting, the meeting shall be adjourned to such a time on the same date as the Chairman may fix. No quorum shall be necessary for a meeting adjourned for want of quorum.
A.7. EMERGENT MEETING : The Chairman of the Council may, whenever he considers it necessary or when required by the Director to do so, call an emergent meeting of the Council by giving only seven days notice accompanied by an agenda to every member of the Council residing in India.
A.8. MINUTES : The Registrar shall keep the minutes of the meetings of the Council and send a copy of the minutes of every such meeting as early as possible to the address of every member.
A.9. VACANCY : When a vacancy occurs in the office of a member of the Council, through death, resignation or any other reason, the Registrar, shall, within two weeks of such vacancy, notify the same to the nominating authority concerned, requesting it to nominate a member to fill the vacancy.
No action or resolution of the Council shall be invalid by reason of any vacancy in the membership of the Council.
A.10. ADVISORY COMMITTEE : The Council may appoint Advisory Committee(s) consisting of its own members or of other persons or both, to report to it upon any matter concerning the Institute.
A.11. COMMITTEES OF THE COUNCIL: The Council may appoint Committee(s) from amongst its own members or the staff of the Institute or both, and may assign to such committee(s) such power and duties as are in accordance with the Rules and Bye-Laws.
B. SESSION OF THE INSTITUTE
B.1. The Institute shall work all the year round. No holidays will be observed except Sundays and such special days as may be fixed by the Director.
B.2. The Financial Year shall start from April 1st of each Calendar year and end on the 31st March of the following Calendar year.
C. FINANCES AND ACCOUNTS
C.1. ACCOUNTS : The Registrar shall be responsible for the accounts of the Institute.
C.2 RECEIPTS : All moneys received for or on behalf of the Institute shall be placed in current, savings or fixed deposit accounts with a nationalized bank or banks, in the name of the Institute.
All the moneys received for and on behalf of the Institute for carrying on scientific research shall be invested in the forms and modes of investments as suggested in Section 11 (5) of the Income Tax Act.
C.3. PAYMENTS :
(i) All cheques are to be signed jointly by any two of the following officers: (1) Accounts Officer, (2) Registrar, (3) Deputy Registrar, (4) Dean (Administration) and (5) Director.
(ii) All bills for payment shall bear an endorsement "PASSED FOR PAYMENT" and shall be signed by the Director or by an Officer of the Institute to whom the power has been delegated by the Director.
(iii) A PERMANENT ADVANCE of sum to be fixed from time to time by the Director may be kept by the Registrar for cash payments.
C.4. BUDGET ESTIMATES : The Budget estimates for the ensuing year shall normally be considered in September/October, finalized by the Council in February/March. The budget will show under various heads:
1. the actual expenditure of the preceding year,
2. the budget estimates for the current year,
3. the actual expenditure up to the end of August in the current year and,
4. Budget estimates for the ensuing year.
D. TERMS AND CONDITIONS OF SERVICE OF THE STAFF OF THE INSTITUTE
The employees of the Institute, shall be divided into the following categories:
(i.) ACADEMIC STAFF: Which term shall include Director, Professors, Associate Professors, Readers, Fellows, Visiting Fellows, Junior Research Fellows, Research Assistants, and other members of the staff doing academic work.
(ii.) ADMINISTRATIVE STAFF: Which term shall include the Deputy Director (Administration), Registrar, Assistant Registrar, Administrative Officer, Establishment Officer, Librarian, Assistant Librarians, Accounts Officer, Storekeeper, Personal Assistants, Stenographers, Office Assistants, Cashier, Book Assistants, Cataloguers, Internal Auditors, and other members of the staff doing administrative work.
(iii.)MEDICAL STAFF: Which term shall include Doctors, Dentists, Nurses, and other members of the staff doing medical work.
(iv.)TECHNICAL STAFF: Which term shall include Engineers, Technical Assistants, Documentation Assistants, Photographers, Linguists, Scientific Assistants, Lab. Bearers, Mechanics, Electricians, Telephone Operators, and other members of the staff doing general maintenance work.
D.1 TERMS OF APPOINTMENTS
(1) Certificate of Physical Fitness: Every employee shall prior to taking up his appointment, be medically examined and be certified fit for service by the Medical Officer of the institute or by a Medical Officer nominated by the Director. He shall undergo an annual medical examination so long as he continues in the service of the Institute.
(2) Agreement: Every employee of the Institute appointed in regular pay scale shall accept in writing the terms and conditions of his appointment before joining the Institute, and again before taking up each subsequent appointment.
(3) Salary: Every employee shall be paid the salary fixed for his post, every month, so long as he remains in the service of the Institute and performs his duties satisfactorily.
(4) Obedience to Rules and Bye-Laws: During the period of his service, every employee shall observe, obey and abide by the Rules of the Institute and the Bye-Laws framed from time to time by the Council, and all Standing Orders passed by the Director under Bye-Law E.1. below.
(5) Provident Fund Benefit: During the continuance of his service, an employee shall contribute to the Provident Fund, if called upon to do so, in accordance with the Bye-Laws framed in that behalf by the Council from time to time.
(6) Specific Work: Every employee shall perform such duties as may be entrusted to him and shall, to the best of his ability, carry out the lawful direction of the Council; of the Director, or of any other person to whose authority he may be subject, according to the Rules and Bye-Laws of the Institute and the Standing Orders of the Director.
(7) Whole-Time Service: Every employee shall devote his whole time to the service of the Institute and shall not take active part in politics, or without the previous permission of the Council in the case of the Director, or of the Director in the case of others, engage, directly or indirectly, in any trade, business or occupation or enter on any remunerative commitment or absent himself from duty except in the case of accident or sickness certified by a competent medical authority.
Members of the Staff shall not stand for election or accept nomination to any local body or university authority or any other academic institution without the previous permission of the Council in the case of the Director, and of the Director in the case of others.
(8) Vacation: An Academic Staff Member of the Institute shall be entitled to 70 days vacation with full salary in a year the choice of the period being made by the member with the concurrence of the Director.
Members of the Non-academic staff will not be entitled to vacations.
(9) Compensatory Vacation: If the exigencies of the work demand that Director and academic staff member should avail only a part of his 70 days vacation he shall earn leave equal to the number of days he was actually on duty and shall be permitted to accumulate such earned leave according to Central Government rules.
(10)Detention on Sundays and Institute Holidays: The Director or a member of the academic staff to whom the power has been delegated by the Director may for urgent work detain any member of the staff on Sundays and Institute Holidays and grant compensatory holidays.
(11)Leave: Employees will be granted leave in accordance with the leave rules framed by the Council from time to time.
(12)Discipline: The authority which appoints a member of the staff of the Institute may suspend, discharge, dismiss, or otherwise punish him for any misconduct or for the breach of the terms and conditions of his appointment.
(13)Order of Discharge or Dismissal: No order of discharge or dismissal shall be passed under the preceding Bye-Law unless the specific charges on which such order is to be passed, are framed against the person in writing and given to the said person, so that he shall have reasonable opportunity of showing cause why the proposed action be not taken against him, and submitting an explanation in writing within such time as may be prescribed by the appointing authority; provided that the requirements of this Bye-Law may be waived if the facts, on the basis of which action is to be taken, have been established in a court of law, or where it is impracticable to communicate with the person . In every case where all or any of the requirements of this Bye-law are waived, the reasons for so doing shall be recorded in writing.
(14)Appeals: An employee, who has been discharged or dismissed, shall have a right of appeal against any order passed by the appointing authority to the authority to which the appointing authority is immediately subordinate, hereinafter referred to as the "appellate authority" vide "Schedule" to these bye-laws (page 24). Every appeal shall comply with the following requirements-
(a) it shall be written either in English or in Hindi and shall be signed
(b) it shall be concise, polite and respectful in language, and be free from irrelevant matter
(c) it shall contain all material statements and arguments relied upon and shall be complete in itself.
(d) it shall specify the relief desired.
(e) it shall be submitted to the authority which made the order appealed against within a period of three months from the date on which the appellant receives the order. A copy of the appeal may be submitted direct to the appellate authority.
(f) it shall not be addressed to the Registrar, Director or any member of the Council by name, any such action shall be deemed a breach of discipline.
15. Consideration of appeals: In the case of an appeal against an order of discharge or dismissal; the appellate authority shall consider:
(a) whether the procedure prescribed in the preceding Bye-laws has been complied with and, if not, whether such non-compliance has resulted in a miscarriage of justice;
(b) whether the findings are justified, and
(c) whether the penalty imposed is excessive, adequate or inadequate; and pass orders;
(i.) setting aside, reducing, confirming or enhancing the penalty, or
(ii.) remitting the case to the appointing authority or to any other authority with such direction as it may deem fit in the circumstances of the case;
provided that the appellate authority shall not impose any enhanced penalty unless the appellant is given an opportunity of making any representation, which he may wish to make against such enhanced penalty.
16. Implementation of orders in appeal: The authority which made the order appealed against, shall give effect to the orders passed by the appellate authority.
17. Orders made by the Council not appealable: Notwithstanding any thing contained in these Bye-laws, no appeal shall lie against any order made by the Council.
18. Council's power to review: Notwithstanding any thing contained in Bye-laws D.1(13) to D.1(17) above, the Council may, on its own motion or otherwise, after calling for the records of the case, review any order which is made or is appeal able under these Bye-laws, and
(a) confirm, modify or set aside the order
(b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order
(c) remit the case to the appointing authority which made the order or to any other authority directing such further action or inquiry as it considers proper in the circumstances of the case; or
(d) pass any such orders as it deems fit, provided that an order imposing or enhancing the penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty.
(19) Review of orders in disciplinary cases: The authority before which an appeal against an order imposing any of the penalties specified in Bye-law D.1(12) lies, may, of its motion or otherwise, call for the records of the case in a disciplinary proceeding review any order passed in such a case, and pass such orders as it deems fit, as if the employee had preferred an appeal against such an order, provided that no action under this Bye-law shall be initiated more than six months after the date of the order to be reviewed.
(20) Pay and Allowances on Acquittal: If a member of the staff of the Institute has been discharged or dismissed and the charges are not proved against him, the appellate authority may grant to him for the period of absence from duty;
(a) if he is fully exonerated, the full pay to which he would have been entitled if he had not been discharged or dismissed, and by an order to be separately recorded, and allowance of which he was in receipt prior to his discharge or dismissal; or
(b) if not fully exonerated, such proportion of such pay and allowances as the appellate authority may prescribe.
The period of absence from duty will be treated as period spent on duty in case (a). It will not be treated as period spent on duty in case (b), unless the appellate authority directs to the contrary.
D.2. TERMINATION OF CONTRACT
(1) Academic Staff: Subject to any contract under Rule 19 of the Institute, the agreement of service of any member of the Academic Staff shall be terminated by either party giving to other a notice in writing of not less than 3 months, except during the period of probation when the period of notice shall be as specified in the letter of appointment.
(2) Non-Academic Staff: The services of any member of the Non-Academic Staff shall be terminated by either party by giving to the other a notice in writing of a period not less than that specified in the letter of appointment. Such period of notice shall not be less than one month except during the period of probation.
(3) Curtailment of period of notice: Notwithstanding any thing contained in D.2(1) and D.2(3),
(a) the services of any member of the staff may be terminated by giving a shorter notice than that specified in paragraphs D.2(1) and D.2(2) above on payment to him of a sum equivalent to the amount of his pay plus allowances for the period by which such notice falls short of the period specified.
(b) the appointing authority or the authority to whom the power has been delegated, may accept a shorter period of notice from a member of the staff in special circumstances.
(4) Leave on termination of service: Earned leave on full pay may be counted towards the period of notice required under Bye Laws D.2(1) and D.2(2), and for any part not so utilized, pay and allowances may be paid to the discretion of the Director or a member of the staff, to whom the power has been delegated by the Director.
D.3 EMOLUMENTS AND ALLOWANCES
The Council shall fix the scales of pay and allowances of the staff of the Institute from time to time.
E. DUTIES AND FUNCTIONS OF OFFICERS OF THE INSTITUTE
E.1 DUTIES OF THE DIRECTOR
E.1(1) Business of the Institute: It shall be the duty of the Director to carry on the work of the Institute under the control of the Council in accordance with the Rules and Bye-Laws for the administration and the management of the Institute. In case of an emergency, he may take such action as may be necessary and report it to the Council.
E.1(2) Direction and control of the staff: All members of the staff of the Institute shall be under the general control of the Director, who may issue standing orders from time to time.
E.1(3) Sanction of expenditure: All expenditure within the budget grant shall be approved and sanctioned by the Director, or a member of the staff to whom the power has been delegated by the Director. The Director shall have the power to make reappropriations subject to the following conditions:
i) Reappropriation to augment the provision under the head "Salaries, Allowances and Provident Fund Contributions" shall require the prior consent of the Council.
ii) No reappropriations shall be made from the head of Capital Expenditure to the head of Revenue Expenditure.
iii) Reappropriations within the heads of Capital Expenditure to cover expenditure on a new project not included in the budget shall require the prior consent of the Council.
E.1(4) Supervision of work: The Director shall exercise general supervision over the programme of work and the research projects of the Institute.
E.1(5) Annual Report: The Director shall submit the Annual Report of the Institute to the Council in February/March each year.
E.2 DUTIES OF DEPUTY DIRECTOR
A Deputy Director shall discharge such duties and functions of the Director as may be assigned to him by the Director.
E.3 DUTIES OF PROFESSORS, ASSOCIATE PROFESSORS AND READERS
E.3(1) Supervision: Professors, Associate Professors shall supervise and direct the work in their respective subjects under the general direction of the Director.
E.3(2) Periodical Reports: Every Professor or Associate Professor shall submit periodical reports on his work. There shall not be less than one such report in the course of each academic year.
E.3(3) Seminars, Lectures: Every Professor or Reader shall hold or take part in seminars, besides giving lectures, and guide research workers attached to him.
E.3(4) Research Programme: Every Professor or Reader shall submit to the Director, from time to time or when called upon to do so his research programme and that of the members of the staff and students working with him.
E.3(5) Sanction for work: All new schemes of research to be conducted at the Institute, which may involve any expenditure shall be submitted to the Director for sanction.
E.4 DUTIES OF LIBRARIAN
E.4(1) Responsibility for custody of the Library: The Librarian shall be responsible for the custody of books, manuscripts, periodicals etc. belonging to the Library and shall maintain a complete register and index.
E.4(2) Library Rules: The Rules for the management of the Library shall be framed from time to time, as may be found necessary, by a Library Committee appointed by the Director to be responsible for the proper functioning of the Library.
E.4(3) Annual Report: The Librarian shall prepare, by the end of January every year, a report on the working of the Library for submission to the Director by the Library Committee.
E.4(4) Correspondence: The Librarian shall be responsible for purchasing books approved by the Library Committee, copies of the correspondence being sent to the Registrar for information.
E.4(5) Stock-taking: The Librarian shall take stock every year of all the books in the Library. The Library Committee may assign personnel to check the report.
E.5 DUTIES OF THE REGISTRAR
E.5(1) Secretarial work: The Registrar shall act as non-member Secretary to the Council.
E.5(2) Work under the general control of the Director: In all matters concerning the Institute he shall act under the general control and orders of the Director.
E.5(3) Correspondence: The Registrar shall be in charge of correspondence relating to the Institute subject to the instructions of the Director.
E.5(4) Office Management: The Registrar will be in charge of the administrative staff and the general maintenance staff of the Institute.
E.5(5) Maintenance of the premises: The Registrar will look after the maintenance and upkeep of the premises.
E.6 DUTIES OF THE ACCOUNTS OFFICER
E.6(1) Work under the general control of the Registrar and the Director: In all matters concerning Institute accounts, he shall act under the general control and orders of the Registrar and Director.
E.6(2) Maintenance of Accounts: He shall be responsible for maintenance of accounts, custody of papers connected with accounts, preparation of salary bills and salary cheques.
E.6(3) Annual Budget Estimates: He shall prepare the Annual Budget Estimate for the Director, for submission to the Council.
F. HONORARY PROFESSORS, HONORARY MEMBERS
F.1 Honorary Professor: Honorary Professorship shall be rare honour conferred by the Institute on an individual scientist in appreciation of his outstanding contribution to science. This honour will be conferred by the Council on the recommendation of the Director. The honorary Professor shall enjoy such privileges as may be decided by the Council from time to time.
F.2 Honorary Members: Honorary Membership of the Institute shall be conferred on an individual of outstanding ability who renders valuable service to the Institute in furthering its objectives and academic programme. This honour will be conferred by the Council on the recommendation of the Director. The honorary member shall enjoy such privileges as may be decided by the Council from time to time.
F.3 Visiting Academic Staff: The visiting academic staff of the Institute shall consist of the following categories -
They shall be paid such honoraria as may be decided
by the Director from time to time.
i) Visiting Professors
ii) Visiting Scientists
iii) Visiting Members
F.4 Emeritus Professors: The Council may on the recommendation of the Director designate a Professor who has retired from the Institute after an unbroken service of at least 15 years, as Emeritus Professor. The Emeritus Professor shall enjoy the privileges as may be decided by the Council from time to time.
G. ADMISSION TO THE INSTITUTE
G.1 Applications: Applications for admission to the Institute as a Research Student shall be made to the Registrar on a prescribed form signed by the applicant.
G.2 Admission: Research Students shall be admitted by the Director in consultation with the Academic Committee.
H. EXECUTION OF CONTRACTS ON BEHALF OF THE INSTITUTE
H.1 Contracts with Director: - All contracts between the Institute and the Director shall be signed by the Chairman or any other person authorised by the Council for the purpose.
H.2 Contracts with others: All other contracts by or on behalf of the Institute shall be signed by the Director or by the Officer of the Institute empowered by him.
I. OTHER MATTERS
I.1 Travel Allowances: Allowances for members of the Council and of the staff of the Institute for travel in connection with the business of the Institute shall be paid in accordance with the rules framed by the Council for that purpose from time to time.
I.2 Attendance at Scientific Conferences:
I.2 (1) Members of the academic staff may be allowed to attend scientific conferences and congresses and may be deputed for specialised training or for the work of the Institute at the discretion of the Council in the case of the Director and of the Director, or a member of the staff to whom the power has been delegated by the Director, in the case of others.
I.2 (2) Members of the staff, when deputed by the Institute under Bye-law I.2(1), shall be eligible for deputation and traveling allowance as laid down by the Council from time to time. In addition, the members so deputed shall be entitled to draw salary and other allowances, and be eligible for official accommodation provided their dependent continue to stay in the same.
I.3 Contribution to Scientific Periodicals:
Contribution to scientific journals resulting from work carried on in the Institute by members of the staff of the Institute shall contain the Institute's name. A copy of every such contribution shall be sent to the Director as soon as it is published. No contribution which may relate to classified or confidential material shall be made without the prior approval of the Director.
I.4 Extra mural lectures: Members of the academic staff may accept invitations to give courses of lecturers in their field of work to universities or learned societies, provided such lectures do not interfere with their work at the Institute, and provided further that the prior permission of the Director or a member of the staff to whom the power has been delegated by the Director, has been obtained.
I.5 Examinerships: Members of the academic staff may, if invited to do so, and with the prior approval of the Director, or a member of the staff authorised by him, accept examinerships for post-graduate degrees.
SCHEDULE TO BYE-LAW D.1 (14)
Sl. No. |
Description of posts |
Appointing Authority |
Authority Competent to impose penalties |
Appellate Authority
|
1. |
Director, Deputy Directors, Professors, Associate Professors, Registrar |
Council |
Council |
|
2. |
All other members of the academic staff including Research Fellows, Research Assistants, Research students and Librarian, Accounts Officer, Personal Assistants, Physicians, Dentist |
Director |
Director |
Council
|
3. |
All other members of the administrative, medical and technical staff including Scientific Assistants |
Director or by delegation Deputy Director (Administration) or Registrar |
Director or by delegation Deputy Director (Administration) or Registrar |
Council, or by delegation Director or Deputy Director (Administration)
|
4. |
Maintenance staff |
Director, or by delegation Deputy Director (Administration) or Registrar |
Director, or by delegation Deputy Director (Administration) or Registrar |
Director, or by delegation, Deputy or Director (Administration)
|
PROCEDURE FOR RECRUITMENT/PROMOTION OF ACADEMIC STAFF
Extract from the minutes of the meeting of Academic Selection Committee held on 17.8.98 and approved by the Governing Council vide resolution no. 16 of 1998, passed at its meeting held on 18.8.98.
The Institute will have a continuous mode of recruitment of academic staff. Periodic advertisements may be made both nationally and internationally to facilitate wide publicity. The Director will provide a short list of applicants to the Academic Selection Committee for further scrutiny. He is also to obtain diverse expert opinions about the research work of the candidates in the short list, which should include at least three written assessments of the work.
Whenever feasible the candidate may be invited to visit the Institute for a short period to interact with academics in the Institute and a feedback be obtained from the Institute faculty. All this information will be placed before the Academic Selection Committee by the Director. The committee will make suitable recommendation after due deliberation either by meeting or by circulation, after taking into account the views of the faculty at the appropriate levels.
For appointments below the level of Reader, the Director is empowered to act on this recommendation. Appointments of Readers and above are to be made after securing the approval of the Council.
Promotion of internal candidates will be based on the recommendation of the same committee to the Council. Expert opinions about the research works of the candidates will be sought and will be placed before the Academic Selection Committee. Experts can be invited, if needed.
The first appointment at the level of a Reader/Fellow will normally be a contractual appointment for five years. A decision for continuing appointment will be made during the fourth, or a year earlier. This replaces Resolution No. 3 of 1995 dated 18.2.1995.
Appointments at a higher level (Associate Professor and above) will normally be treated as continuing appointment. All posts on continuing appointments will be subject to one year probation whenever applicable. For a person with continuing appointment, a review may be undertaken at the end of fourth year or at an earlier date as may be decided by the Academic Selection Committee. However, a person can be promoted based on exceptional performance at any stage.
Appointments at a higher level (Associate Professor and above) can also be made by invitation on the recommendation of the Academic Selection Committee.
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Composition of the Academic Selection Committee: the Academic Selection Committee shall constitute the following members :
(a) Academic/Scientific members of the Council.
(b) All faculty members at the “I” level (or above) below the age of superannuation.
(c) One person from each faculty at the “H” level below the age of superannuation, by invitation of the Council.
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