1. Short title, extent and commencement .--(1) This Act may be called the Academy of Scientific and Innovative Research Act, 2011.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
2. Definitions. —In this Act and all Statutes and Ordinances made thereunder, unless the context otherwise requires,—
( a ) “ Academy ” means the Academy of Scientific and Innovative Research established under sub -section ( 1 ) of section 3 ;
(b) “Board” means the Governing Board of the Academy of Scientific and Innovative Research specified in section 10;
(c) “Council of Scientific and Industrial Research” means the society registered under the name of the Council of Scientific and Industrial Research under the Societies Registration Act, 1860 (21 of 1860);
(d) “Chairman” means the Chairman of the Board appointed under section 12;
(e) “Chancellor” means the Chancellor of the Academy specified in section 20;
(g) “Director” means the Director of the Academy appointed under section 22;
(g) “eminent scientist of the Council of Scientific and Industrial Research” or “distinguished scientist” means a scientist designated as such of the Council of Scientific and Industrial Research;
(h) “existing Academy” means the Academy of Scientific and Innovative Research established pursuant to Resolution No. 6/1/CSIR/AcSIR/2010/PPD, dated the 1st July, 2010 of the Council of Scientific and Industrial Research, Department of Scientific and Industrial Research, Ministry of Science and Technology, Government of India;
(i) “Faculty of the Academy” means Academy Professors, Distinguished Professors, Eminent Professors, Distinguished Professors, Senior Professors, Distinguished Professors, Professors, Associate Professors, Assistant Professors, Visiting Professors and such other persons as may be appointed to impart education or conduct research in the Academy or in the institutions maintained by the Academy and includes scientists of the Council of Scientific and Industrial Research assigned to impart education or conduct research;
(j) “notification” means a notification published in the Official Gazette;
(t) “Statutes and Ordinances” means the Statutes and Ordinances of the Academy for the time being in force.
3. Establishment of the Academy of Scientific and Innovative Research .--(1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be established as a body corporate by that name, an Academy to be known as the "Academy of Scientific and Innovative Research" for the purposes of this Act.
(2) The headquarters of the Academy shall be at such place as the Central Government may, by notification, specify.
(3) The Academy shall have such number of regional centres and campuses as it may deem fit.
(4) The Academy shall have perpetual succession and a common seal and shall have power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract and shall by that name sue and be sued.
4. Objects of the Academy .—(1) The Academy shall have the following objects,—
(a) to disseminate advanced knowledge in science and technology by providing teaching and research facilities in such branches of learning as it may deem fit, particularly in newly emerging fields and in such areas which may emerge in the future;
(b) to undertake inter-disciplinary studies and research;
(c) to offer integrated courses in inter-disciplinary and multi-disciplinary areas covering natural sciences, life sciences, mathematical and computational sciences, medical sciences, engineering, applied arts, humanities, social sciences and in methodologies relating to these areas and their interfaces;
(d) to take appropriate measures for improvements in teaching and learning processes;
(e) to create an environment for learning and scholarship in advanced science and technology rather than focusing exclusively on marks or grades;
(c) to educate and train manpower in scientific and technological fields;
( g ) To establish linkages with industries in India and outside India for the promotion of science and technology ;
(j) to cooperate in appropriate areas in the field of science and technology with reputed universities and institutions in India or outside India;
(i) to promote research in science and technology having relation to the social, economic, cultural, intellectual and educational welfare of the people.
(2) The Academy will focus mainly on research and education in areas not generally taught in regular academic universities in India.
(3) The curriculum, pedagogy and assessment of the Academy shall be innovative and directed towards creating personnel of the highest quality with cross-disciplinary knowledge with the aim of providing leaders in the fields of science and technology.
5. Relationship of the Academy with the Council of Scientific and Industrial Research .--(1) The Academy shall be made available or allowed to use the infrastructure and scientific manpower of the Council of Scientific and Industrial Research for teaching and research purposes for mutual benefit.
(2) Notwithstanding anything contained in any other Act, rules, regulations or bye-laws for the time being in force, the Academy shall, within two weeks from the commencement of this Act, enter into a Memorandum of Understanding with the Council of Scientific and Industrial Research for the purposes of its affiliation with the Academy for the purposes of academic, teaching and award of degrees or diplomas and persons studying under the Council for the award of any degree or diploma after the entering into of such Memorandum of Understanding shall be awarded degrees or diplomas by the said Academy:
Provided that any person pursuing any academic or research course in the Council of Scientific and Industrial Research before the commencement of this Act for the award of any degree or diploma and registered for the said purpose in any other University may, with the approval of the University with which such person is registered, be transferred, after such commencement, to the Academy established under this Act and may be registered with the said Academy for the award of the same degree or diploma by the Academy established under this Act and such person shall be deemed to have been transferred and registered with the Academy established under this Act at the same stage of study in the University from which such person has been transferred.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as affecting the functions and powers of the Council of Scientific and Industrial Research exercised before the commencement of this Act by the Council or its affiliation with any other University or institution for the purposes of academic, teaching and awarding of degrees or diplomas or for any other purposes as may be necessary for the furtherance of its objects.
6. Declaration of the Academy as an institution of national importance .—(1) It is hereby declared that the Academy of Scientific and Innovative Research shall be an institution of national importance.
7. Transfer of assets, liabilities , etc. , of the existing Academy to the Academy established under this Act and other provisions, etc .—(1) On and from the date of the establishment of the Academy,—
(a) any reference to the Academy in any law other than this Act or in any contract or other instrument shall be deemed to be a reference to the Academy;
(b) all movable and immovable properties and assets of the existing Academy shall vest in that Academy;
(c) all the rights and liabilities of the existing Academy shall be transferred to, and shall be the rights and liabilities of, that Academy;
(d) without prejudice to the provisions of clause (c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things to be done by, with or for the said existing Academy immediately before such date for or in connection with the purposes of the existing Academy shall be deemed to have been incurred or done by, with or for the Academy;
( e ) all moneys due to the existing Academy immediately before that date shall be deemed to be due to the Academy ;
(c) all suits and other legal proceedings instituted or which may be instituted by or against the existing Academy immediately before that date may be continued or instituted by or against the Academy;
(g) every employee holding any post or teaching under the existing Academy immediately before such date (including employees who were appointed for imparting teaching or carrying on research in the existing Academy) shall continue to hold office or teach in the Academy on the same tenure and on the same terms and conditions of service as to remuneration, leave, provident fund, retirement and other fringe benefits as he would have held such post if the Academy had not been established and shall continue to do so as an employee of the Academy or until the expiry of a period of six months from that date, if such employee opts not to continue to be an employee of the Academy within such period.
(2) Any person pursuing any academic or research course in an existing Academy for the award of a degree or diploma or certificate, before the commencement of this Act, shall be entitled to complete such academic or research course after the establishment of the Academy under this Act and shall be registered with the said Academy for the award of the same degree or diploma or certificate by the Academy established under this Act and such person shall be deemed to have migrated and registered with the Academy established under this Act, at the same stage of study in the existing Academy from which such person had migrated.
(3) Any person who, immediately before the commencement of this Act, had been awarded a degree or diploma or certificate by the existing Academy on qualifying any course of study shall, subject to approval by the Board of the Academy, be entitled to be awarded an equivalent degree or diploma by the Academy.
(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the absorption of an employee by the Academy into his regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.
8. Functions and powers of the Academy .—(1) The Academy shall perform its functions and exercise the following powers, namely:—
(i) to provide for teaching and conduct research in such branches of knowledge as natural sciences , zoology , mathematical and computational sciences , medicine , engineering , applied arts , humanities , social sciences , law relating to these fields and their interfaces and in particular in inter - disciplinary and multi - disciplinary areas within these branches and in all such areas as may emerge in the future and in other emerging areas of knowledge , as the Academy may determine from time to time and to make provision for the growth and dissemination of knowledge ;
(ii) to lay down administrative standards and structures and determine all matters relating to creation of posts, laying down standards for recruitment, determining compensation packages and contractual arrangements;
(iii) to design their curriculum and teaching for the award of diplomas or certificates and to confer such degrees and other academic distinctions as it may deem fit;
( iv ) to award diplomas and certificates , subject to such conditions as the Academy may determine , and to confer degrees or other academic distinctions and to hold examinations therefor on the basis of such methods of evaluation as the Academy may , from time to time , determine and to withdraw any such diplomas , certificates , degrees or other academic distinctions for good and sufficient cause ;
(v) to frame statutes and ordinances and to alter, modify or rescind the same;
(vi) to organise and undertake extra-curricular studies, training and extension services;
(vii) to confer honorary degrees or other distinctions;
(viii) to provide distance learning in such branches of learning and to such persons as it may determine;
(ix) to institute Professors, Associate Professors and Assistant Professors including Academy Professors, Distinguished Professors, Eminent Professors, Distinguished Professors, Senior Professors, Distinguished Professors or Visiting Professors and other teaching or academic or other posts as required by the Academy and to make appointments to such posts;
( x ) to appoint persons from any other university or institution or industry or persons of eminence in appropriate fields of study , including those who are outside the country , as Faculty of the Academy ;
(xi) to create administrative, ministerial and other posts and to make appointments thereto;
(xii) to co-operate or collaborate or associate with any body, including any university or institution, or industry, situated within or outside India;
( xiii ) to establish such centres and specialized laboratories and other units for research and teaching as may be required ;
(xiv) to establish and function schools, centres and campuses or conduct classes from any place of its choice, including the premises of the laboratories and other centres of the Council of Scientific and Industrial Research;
(xv) to institute and award fellowships, scholarships, studentships, medals and prizes;
(xvi) to carry out research, advisory and consultancy services with or for any public or private entity, whether within India or outside India, as are consistent with the spirit and purpose of the Academy;
(xvii) to employ scientists from the Council of Scientific and Industrial Research as faculty in imparting education and conducting research in the Academy;
(xviii) to establish, maintain and manage institutions and hostels for the residence of students or to establish and maintain such institutions through the Council of Scientific and Industrial Research or any other body;
(xix) to fix fees and other charges, to demand and receive the payment thereof;
(xx) to determine the standards of admission to the Academy, which may include examinations, tests or other prescribed standards of assessment;
(xxi) to supervise the residences of the students of the Academy and to make arrangements for the promotion of their health, general welfare, culture and social life;
( xxii ) to lay down the conditions of service for all categories of employees , including their code of conduct ;
(xxiii) to regulate and enforce discipline amongst students and employees and to take such disciplinary measures in this regard as may be necessary;
(xxiv) to make arrangements for promoting the health and general welfare of employees;
(xxv) to receive grants, benefactions, donations, endowments, bequests and to transfer or acquire, hold and manage and dispose of any movable or immovable property, including trust and endowment property, for the purposes of the Academy:
Provided that no grants, benefactions, donations, bequests and transfers shall be accepted by the Academy which, in the opinion of the Board, involve conditions or obligations contrary to the spirit and purpose of this Act;
(xxvi) to borrow money for the purposes of the Academy on the security of the property of the Academy or otherwise or to use its property for such purposes as are consistent with the spirit and purpose of this Act;
(xxvii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
(2) In exercising the powers specified in sub-section (1), the Academy shall strive to maintain an all-India character and high standards of teaching and research and the Academy shall, among such other measures as may be necessary for the said purpose, in particular, take the following measures, namely:-
(i) subject to the provisions of section 9, admissions of students shall be made on the basis of merit;
(ii) introduce continuous assessment or other innovative methods of assessment and choice based credentialing system and the Academy may enter into agreements with other universities and educational institutions in India or outside India for credential transfer and joint degree programmes;
(iii) introduced innovative courses and programmes of studies with provision for periodic review and restructuring;
(iv) education shall, as far as possible, be imparted through the use of modern techniques or technologies;
(v) The systems and structures of the academy should be flexible to the requirements of multidisciplinary and inter-disciplinary studies;
(vi) Active participation of students will be ensured in the management of academic subjects of the Academy.
9. Academy to be open to all castes, creed , race or class .--(1) The Academy shall be open to all men and women without consideration of caste, creed, race or class and it shall not be lawful for the Academy to adopt or impose any criterion of religious belief or conviction in order to entitle any person to be appointed as a faculty of the Academy or to hold any other office or employment therein or to be admitted as a student of the Academy or to be awarded a degree therein or to enjoy or exercise any privileges thereof.
(2) The Academy shall make special provisions for the employment or admission of women, persons with disabilities or persons belonging to weaker sections of the society and, in particular, the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens and no exemption from making such reservation under the proviso to clause (b) of section 4 of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007) shall apply to the Academy: Provided that no such special provision shall be made on the ground of domicile.
10. Authorities of the Academy .--The following shall be the authorities of the Academy, namely:-
(a) the Board;
(b) the Senate;
(c) the Director;
(d) Board of Studies;
(e) such other authorities as may be declared by the Statutes to be the authorities of the Academy.
11. Composition of the Board of Governors .--(1) The Board specified in clause (a) of section 10 shall consist of the following, namely:-
( K )
The Chairman of the Board to be appointed under section 12 ;
( b )
The Director General, Council of Scientific and Industrial Research ,
Ex-officio Vice-Chairman ;
( G )
President of the Indian National Science Academy ,
Ex-officio Member ;
( d )
Chairman , Atomic Energy Commission , Government of India ,
Ex-officio Member ;
( D )
Chairman , Space Commission , Government of India ,
Ex-officio Member ;
( c )
Chairman , University Grants Commission , Government of India ,
Ex-officio Member ;
( f )
Finance Secretary , Ministry of Finance , Government of India ,
Ex-officio Member ;
( J )
Heads of three major institutions in the field of education in science and technology ,
Members to be nominated under section 13 ;
( Jha )
Four eminent scientists or university academicians , two of whom should be from reputed institutions outside India ,
Members to be nominated under section 13 ;
,
Three renowned industrialists or technologists ,
Members to be nominated under section 13 ;
( T )
Four eminent scientists or eminent scientists or Directors of laboratories of the Council of Scientific and Industrial Research ,
Members to be nominated under section 14 ;
( T )
Director of the Academy .
Ex-officio member .
(2) The Chairman shall ordinarily preside at the meetings of the Board.
(3) The Board may formulate its own procedure for the purpose of conducting its meetings and transacting business therein.
(4) The Joint Director in charge of the administration of the Academy shall be the Secretary of the Board.
12. Appointment of Chairperson .—(1) The Chairperson shall be appointed by the President of the Council of Scientific and Industrial Research on the recommendation of a Selection Committee constituted under sub-section (2):
Provided that the Director-General of the Council of Scientific and Industrial Research, being the ex officio Vice-Chairman as specified in clause (b) of sub-section (1) of section 11, shall act as Chairman until the first Chairman is selected and appointed in accordance with the provisions of this Act:
Provided further that no person shall be selected and appointed as Chairperson unless such person is an Indian citizen.
(2) The Selection Committee specified in sub-section ( 1 ) shall consist of four eminent scientists or technologists of international repute , as nominated by the Chairman of the Council of Scientific and Industrial Research .
(3) At least two eminent scientists or technologists of international repute nominated under sub-section (2) shall be from amongst the heads of international societies, academies or similar organisations in the field of science and technology.
(4) The Selection Committee specified in sub-section (2)-
(a) shall be constituted within six months before the expiry of the tenure of the incumbent Chairman of the Board;
(b) submit its recommendation at least three months before the expiry of the tenure of the incumbent Chairperson.
( 5 ) The Selection Committee may formulate its own procedure for making recommendations under sub-section ( 1 ) , including for the purposes of meetings and for making recommendations in respect of a person who has not applied for the post of Chairperson .
(6) The quorum for a meeting of the Selection Committee specified in sub-section (1) shall be three members of the Committee.
(7) The Chairperson shall exercise such other powers and perform such other functions as may be assigned to him by this Act or the Statutes.
13. Nomination of eminent scientists or educationists of world repute , renowned industrialists or technologists and Heads of three premier institutions in the field of education in science and technology .--The Heads of three premier institutions in the field of education in science and technology specified in clause (h), eminent scientists or educationists of world repute specified in clause (i) and renowned industrialists or technologists specified in clause (j) of sub-section (1) of section 11 shall be nominated by the Chairman of the Council of Scientific and Industrial Research.
14. Nomination of eminent scientists or outstanding scientists of the Council of Scientific and Industrial Research or Directors of Laboratories of the Council of Scientific and Industrial Research .-- The nomination of eminent scientists or outstanding scientists of the Council of Scientific and Industrial Research or Directors of Laboratories of the Council of Scientific and Industrial Research specified in clause (t) of sub-section (1) of section 11 shall be made by the Governing Body of the Council of Scientific and Industrial Research.
15. Allowances payable to members of the Board.--The members of the Board shall be entitled to such allowances, if any, from the Academy as may be provided in the Statutes, but no member, other than the Director of the Academy specified in clause (d) of sub-section (1) of section 11, shall be entitled to any salary by virtue of this section.
16. Term of office of members of the Board .--(1) Save as otherwise provided in this section, the term of office of the Chairperson or any other nominated member of the Board shall be four years, being one term of the Board, and he shall not be eligible for reappointment as Chairperson or nomination as a member, as the case may be.
Explanation 1 .--The term of office of the Chairman or any other nominated member [other than the ex officio Vice-Chairman and ex officio members and the members nominated under clause (t) of sub-section (1) of section 11] of the existing Academy Board shall be counted for the purposes of this sub-section.
Explanation 2. - For the removal of doubts, it is hereby declared that any person who has held the office of a Member shall not be eligible for reappointment as a Member but may be appointed as Chairperson in accordance with the provisions of this Act:
Provided that an outgoing member of the Board shall, unless otherwise directed, continue to hold office until another person is appointed or nominated, as the case may be, in his place.
(2) In the event of a vacancy in the office of the Chairman by reason of his death or resignation or otherwise, the Deputy Chairman shall act as Chairman until a new Chairman is appointed to fill the vacancy in accordance with the provisions of this Act and enters upon his office:
Provided that a person appointed under sub-section (2) on account of a vacancy in the post of Chairman shall be eligible to be appointed as Chairman in accordance with the provisions of this Act for one term only, in addition to the term for which he was appointed to fill the vacancy of Chairman.
(3) In the event of a vacancy in the office of a member nominated under clauses (h), (i), (j) and (k) of sub-section (1) of section 11, by reason of his death or resignation or otherwise, the vacancy shall be filled in accordance with the provisions of this Act:
Provided that where a person has been nominated under sub-section (1) of section 11 due to a vacancy in the post of a Member, such person shall be eligible to be nominated as a Member in accordance with the provisions of this Act for one term only, in addition to the period for which he was nominated to fill the vacancy.
(4) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he became a member.
(5) One fourth of the members, who are eminent scientists or eminent scientists or Directors of laboratories of the Council of Scientific and Industrial Research nominated under clause (t) of sub-section (1) of section 11, shall retire every year and new members shall be nominated in their place in accordance with the provisions of this Act:
Provided that notwithstanding anything contained in this sub-section, such members who are eminent scientists or eminent scientists or Directors of laboratories of the Council of Scientific and Industrial Research nominated under clause (t) of sub-section (1) of section 11, may hold office for the first time after the commencement of this Act for such term as may be specified in their nomination and the provisions of this sub-section shall not apply to such nominated members.
17. Powers of the Board .--(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 Academy and shall exercise all such powers of the Academy not otherwise provided for in this Act, the Statutes and the Ordinances and shall have the power to review the acts of the Senate.
(2) Without prejudice to the provisions of sub-section (1), the Board shall have the following powers, namely:-
(a) to decide on questions of policy relating to the administration and functioning of the Academy;
(b) to commence courses of study at the Academy;
(c) to make statutes;
(d) to establish academic as well as other posts in the Academy and to appoint persons thereto;
(e) to consider Ordinances and to modify, repeal or rescind them;
(c) to consider and pass resolutions on the annual report, annual accounts and budget estimates of the Academy for the ensuing financial year, including details of its development plans;
(g) to approve investments in the infrastructure of the Academy in any land or building;
(j) to exercise such other powers and perform such other duties as may be conferred or imposed on him by this Act or the Statutes.
(3) The Board shall also have the power to appoint such committees of one or more persons as it may consider necessary for the exercise of its powers and the performance of its duties under this Act and for investigation and enforcement of its rights.
18. The Senate .—(1) The Senate shall consist of the following persons, namely:—
(a) the Director, ex officio, who shall be the Chairman of the Senate;
(b) all Associate Directors, ex officio members;
(c) all the Deans of the Academy, ex officio members;
(d) two Professors from each of the fields of study represented by the Boards of Studies of the Academy, as may be nominated by the Board, ex officio members;
(e) two scientists of the Council of Scientific and Industrial Research, who are the youngest in age and recipients of the Shanti Swarup Bhatnagar Award and who are also Faculty members of the Academy, as may be nominated by the Director-General of the Council of Scientific and Industrial Research;
(c) two scientists of the Council of Scientific and Industrial Research, who are the youngest in age, and recipients of the Council of Scientific and Industrial Research-Young Scientist Award and who are also Faculty members of the Academy, as may be nominated by the Director-General of the Council of Scientific and Industrial Research;
(g) three Directors of Laboratories of the Council of Scientific and Industrial Research or eminent scientists or eminent scientists as may be nominated by the Director-General thereof;
(h) three persons, not being employees of the Academy or the Council of Scientific and Industrial Research, to be nominated by the Vice-Chancellor in consultation with the Director, from amongst eminent academicians, one each from the field of science, engineering and social sciences;
(i) such other members of the staff as may be laid down in the Statutes.
(2) The term of office of members nominated under clauses (d) to (h) of sub-section (1) shall be two years:
Provided that the Senate shall, at any time, have not less than fifty per cent of its members from among the scientists of the Council of Scientific and Industrial Research teaching in the Academy.
19. Powers of the Senate .--Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate of the Academy shall control and make the general regulation of and be responsible for the maintenance of the standards of teaching, education and examinations in the Academy and shall exercise such powers and perform such other functions as may be conferred or imposed on it by the Statutes and the Ordinances.
20. Chancellor of the Academy .--(1) The Chairman of the Board shall be the Chancellor of the Academy.
(2) The Chancellor shall ordinarily preside at the convocation of the Academy.
21. Director of the Academy .--The Director shall be the chief academic and executive officer of the Academy and shall be responsible for the administration of the Academy and for imparting education, undertaking research and maintaining discipline.
22. Appointment and duties, etc. , of the Director of the Academy .--(1) The Director shall be appointed by the Chairman of the Council of Scientific and Industrial Research on the recommendation of a Selection Committee constituted under sub-section ( 2) .
(2) The selection committee specified in sub-section (1) shall consist of—
(a) the Chairman of the Board;
(b) the Vice-Chairman of the Board;
(c) the President of the Indian National Science Academy;
(d) Chairman, Atomic Energy Commission, Government of India;
(e) Chairman, Space Commission, Government of India.
(3) The Selection Committee specified in sub-section (2)-
(a) shall be constituted within six months before the completion of the tenure of the incumbent as director;
(b) submit its recommendation at least three months before the completion of the tenure of the incumbent Director.
(4) The Selection Committee may formulate its own procedure for the purposes of holding meetings and making recommendations under sub - section ( 1 ) , including making recommendations in respect of a person who has not applied for the post of Director .
(5) Three members of the Selection Committee specified in sub-section (1) shall form the quorum for a meeting of the Committee:
Provided that no person shall be selected or nominated as a director unless such person is an Indian citizen.
(6) It shall be the duty of the Director to ensure that the decisions taken by the Board are implemented.
(7) The Director shall submit the annual report and accounts of the Academy to the Board.
(8) The Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or the Act.
(9) The term of office of the Director shall be five years.
23. Associate Director .--(1) The Associate Director of the Academy shall be appointed by the Director, with the approval of the Board, from amongst the Professors of the Academy or the Scientists of the Council of Scientific and Industrial Research engaged in academic activity in the Academy, for such tenure and on such terms and conditions as may be laid down by the Statutes and shall exercise such powers and perform such duties as may be assigned to them by this Act or the Statutes or by the Director.
(2) The Board may, for the purpose of administrative convenience or academic efficiency, assign any other designation to the associate directors.
24. Powers of other authorities .--(1) The constitution and powers of Boards of Studies shall be such as may be provided in the Statutes.
(2) The powers, including financial powers, and duties of the authorities, officers and other functionaries of the Academy shall be as provided by the Statutes.
25. Funds of the Academy .—(1) The Academy shall establish and retain a fund to which shall be credited—
(a) all fees (including tuition fees) and other charges received by the Academy;
( b ) all monies received by the Academy by way of grants , donations , contributions , benefactions , bequests or transfers ;
(c) funds for projects initiated by the Academy;
(d) income from investments made by the Academy or from any other source;
(=e) funds received as loan or otherwise from the Council of Scientific and Industrial Research; and
(c) all moneys received by the Academy in any other manner or from any other source.
(2) All monies credited into the Fund of the Academy shall be deposited in such banks or invested in such manner as the Academy may decide with the approval of the Board.
(3) The Fund shall be applied for meeting the following,—
(a) the salaries, allowances and other remuneration of the Chairman, Members of the Board or Faculty of the Academy, officers and other employees or members of committees constituted by the Academy;
( b ) its expenses incurred in discharging the functions of the Academy or exercising its powers under section 8 ;
(c) expenditure on the objects of this Act and for the purposes authorised by it.
(4) All expenditure of the Academy shall be within the framework of the budget approved by the Board.
26. Accounts.--( 1) The Academy shall maintain proper and separate accounts containing all details of all receipts from and expenditure in respect of such Fund and other relevant particulars.
(2) The accounts specified in sub-section (1) shall be prepared and audited before the expiry of six months from the end of each financial year.
(3) The Academy shall submit to the Board and the Council of Scientific and Industrial Research the accounts specified in sub-section (1), duly audited under section 27 and signed by the Director, the Joint Director in-charge of Finance and the Joint Director in-charge of Administration.
(4) The Council of Scientific and Industrial Research, the Board and any other person appointed by them in connection with the audit of the accounts of the Academy specified in sub-section (3) shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any office of the Academy.
27. Audit and publication of accounts .--(1) The accounts of the Academy shall, without prejudice to the provisions contained in the Comptroller and Auditor General's (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971), be audited by auditors who may be appointed by the Board for a term of one year and such auditors shall be eligible for reappointment.
(2) No person shall be eligible to be appointed as an auditor under sub-section (1) unless he is a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) and has obtained a certificate of practice under sub-section (1) of section 6 of that Act.
(3) The accounts of the Academy shall, after completion of audit under sub-section (1) and their submission to the Board and the Council of Scientific and Industrial Research, be published on the website of the Academy.
28. Statutes .--(1) The Statutes of the Academy shall be enacted by the Board.
(2) Without prejudice to the provisions contained in sub-section (1), the Senate may make recommendations to the Board for the enactment of statutes.
(3) The Board may, from time to time, make new Statutes or may amend or repeal or rescind the Statutes with effect from such date as it may direct.
29. Matters to be provided for by Statutes .-- Subject to the provisions of this Act, the Statutes may provide for all or any of the matters considered by the Board necessary for the functioning of the Academy within the framework of this Act, including the following matters, namely:-
(a) the conferment of degrees and diplomas;
(b) the constitution, powers and functions of Boards of Studies;
(c) the tuition fees and other fees to be charged;
(d) to institute fellowships, scholarships, medals and prizes;
(e) the term of office and the method of appointment of officers of the Academy;
(f) Qualification of the Faculty of the Academy (other than scientists of the Council of Scientific and Industrial Research engaged in the service of the Academy), officers and other staff of the Academy:
Provided that the scientists of the Council of Scientific and Industrial Research serving the Academy shall be governed by the qualifications specified by the Council and nothing contained in this Act shall be construed as disqualifying them from serving the Academy or from being employed as faculty of the Academy;
(g) the classification of the faculty, officers and other staff of the Academy, the method of appointment and the determination of the terms and conditions of their services;
(j) to provide for insurance fund, provident fund and other retirement benefits for the benefit of the faculty, officers and other staff of the Academy;
(i) the constitution, powers and duties of the authorities of the Academy;
(j) the establishment and maintenance of hostels;
(t ) the conditions of residence of the students of the Academy and the levy of fees and other charges for residence in the hostels ;
(l) the allowances to be paid to the Chairman and other members of any Committee constituted by the Board and the Academy;
(m) the meetings of the Board, the Senate or any Committee, the quorum at such meetings and the procedure to be followed in the transaction of their business;
(d) any other matter which may be required or necessary for the purposes of this Act.
30. Ordinances .—(1) Subject to the provisions of this Act and the other Statutes, the Ordinances of the Academy may provide for all or any of the following matters, namely:—
(a) admission of students;
(b) Curriculum;
(c) the conditions subject to which students shall be admitted to the examinations of the Academy and shall be eligible for degrees, diplomas and certificates;
(d) the conditions for the award of fellowships, scholarships, medals and prizes;
(e) the terms and manner of appointment and the duties of examining bodies, examiners and moderators;
(c) the conduct of examinations;
(g) maintain discipline among the students of the Academy;
(h) any other matter which by this Act or the Statutes is to be, or may be, provided for by the Ordinances.
(2) Save as otherwise provided in this section, Ordinances shall be made by the Senate.
(3) All Ordinances made by the Senate shall take effect from such date as it may direct, but every Ordinance so made shall, as soon as may be, be submitted to the Board and shall be considered by the Board at its next meeting.
( 4 ) The Board shall have power to modify , cancel or rescind any Ordinances by resolution and such Ordinances shall , from the date of such resolution , stand modified , cancelled or rescinded accordingly .
31. Review of the working of the Academy .--(1) There shall be a review of the working of the Academy once in every four years by eminent persons to be appointed by the Council of Scientific and Industrial Research.
(2) The Academy shall meet the expenses of conducting the review under sub-section (1) and on receipt of the report of such review, the Board may take appropriate action.
(3) In addition to the review under sub-section (1), the Board may cause reviews of the administrative functioning of the Academy and the divisions of the Academy in such manner and at such intervals as may be provided in the Statutes.
32. Appointments .—(1) All appointments to the staff of the Academy (except the appointment of the Director) shall,—
(a) by the Board for the staff of the Academy;
(b) in any other case, by the Director, in accordance with the procedure laid down in the Statute.
33. Conditions of service .--(1) Every employee of the Academy shall be appointed on a contractual basis , under a contract in writing which shall be submitted to the Academy and a copy of which shall be given to the employee concerned :
Provided that all scientists and other employees of the Council of Scientific and Industrial Research employed in the service of the Academy shall be governed by the service conditions , rules and regulations of the Council of Scientific and Industrial Research .
(2) The Academy shall have a flexible compensation system which recognises performance as laid down in the Statutes in order to attract the best talent to the Academy:
Provided that such scientists of the Council of Scientific and Industrial Research who:-
(a) is in the service of the Academy; and
(b) receive their salary from the Council; shall be eligible for such allowances or honorarium as may be determined by the Statutes.
34. Arbitration .--(1) Any dispute arising out of any contract between the Academy and any of its employees shall, at the request of the employee concerned or on the application of the Academy, be referred to a tribunal of arbitration consisting of one member appointed by the Director, one member nominated by the employee and such two arbitrators shall appoint a third arbitrator who shall act as the presiding arbitrator.
(2) Arbitration under sub-section ( 1) shall be governed by the Arbitration and Conciliation Act , 1996 ( 26 of 1996 ) .
35. Resignation, removal and suspension of Chairperson and other members or Director .— (1) Any member or Director, other than the Chairperson or an ex officio member of the Board, may, by notice in writing under his hand addressed to the Chairman of the Council of Scientific and Industrial Research, resign his office:
Provided that the Chairman or such Member or Director shall, unless he is permitted to resign by the Chairman of the Council of Scientific and Industrial Research, continue to hold office until the expiration of three months from the date of receipt of such notice or until some person duly appointed as his successor assumes office or until the expiration of his term, whichever is earlier.
(2) The Chairman of the Council of Scientific and Industrial Research may remove from office the Chairman or any Member or Director of the Board,—
(a) has been adjudicated as insolvent; or
(b) who, being a director, is engaged in any paid employment at any time during his term of office; or
(c) has been convicted of any offence which, in the opinion of the Central Government, involves moral turpitude; or
( d ) has become physically or mentally incapable of acting as such Chairperson or Member or Director ; or
(e) is of unsound mind and has been so declared by a competent court; or
(c) has acquired such financial or other interest as is likely to affect prejudicially the discharge of his functions as such Chairperson or Member or Director; or
( g ) has so abused his position as to render his continuance in office prejudicial to the public interest ; or
(h) has been guilty of proven misbehavior; or
(i) who suffers such other disqualifications as may be prescribed.
(3) Notwithstanding anything contained in sub-section (1), the Chairman or a Member or a Director of the Board shall not be removed from his office on the grounds specified in clause (g) or clause (g) or clause (h) of sub-section (1) except by an order made by the Chairman of the Council of Scientific and Industrial Research after an inquiry in this behalf in which such Chairman or Member or Director has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(4) In a case of an inquiry being instituted under sub-section (2), the Chairman of the Council of Scientific and Industrial Research may, if he considers it necessary in the public interest, suspend for a period not exceeding six months the Chairman or Member or Director against whom the inquiry has been instituted.
(5) The Chairman of the Council of Scientific and Industrial Research may, by rules, regulate the procedure for the inquiry specified in sub-section (2).
(6) If any member nominated to the Board under clause (t) of sub-section (1) of section 11 incurs any of the disqualifications under clauses (a) to (i) of sub-section (1), such nominated member shall not be eligible to be nominated as such and his nomination as a nominated member shall be revoked by the persons who had nominated such member.
36. Meetings .--Meetings of the Board, Senate or other Committees constituted by the Academy may be held using contemporary tools of information and communication technologies (including video conferencing) without the necessity for virtual presence of members.
37. Vacancies, etc. , not to invalidate acts or proceedings of Board, Academy or any other body. —No act of the Board or the Academy or any other body constituted under this Act or the Statutes shall be invalid merely by reason of—
(a) there is any vacancy in, or any defect in the constitution of, the same; or
(b) any defect in the selection, nomination or appointment of a person acting as a member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
38. Power to remove difficulties .-- ( 1 ) If any difficulty arises in giving effect to the provisions of this Act , the Central Government may , by order published in the Official Gazette , make such provisions , not inconsistent with the provisions of this Act , as appears to it to be necessary or expedient for removing the difficulty :
Provided that no such order shall be made under this section after the expiration of three years from the commencement of this Act .
(2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions. If, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall not affect the validity of anything previously done under that order.
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