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State of Chattisgarh - Act

International Institute of Information Technology (IIIT) University Act, 2013

CHHATTISGARH
India

International Institute of Information Technology (IIIT) University Act, 2013

Act 15 of 2013

Published on 21 January 2015
Commenced on 21 January 2015
[This is the version of this document from 21 January 2015.]
[Note: The original publication document is not available and this content could not be verified.]

International Institute of Information Technology (IIIT) University Act, 2013(Act No. 15 of 2013)Last Updated 5th November, 2019[Dated 06.05.2013]An Act to establish and incorporate a non-affiliating, teaching and research University at Naya Raipur to promote and facilitate studies, research, incubation and extension work in Information Technology and in its application domain and related area of knowledge and to achieve excellence in these fields and matters connected therewith or incidental thereto.Be it enacted by the Chhattisgarh Legislature in Sixty-fourth Year of the Republic of India, as follows :-

Chapter I
Preliminary

1. Short title and commencement.

(1)This Act may be called the International Institute of Information Technology (HIT) University Act, 2013.

(2)It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions.

- In this Act, unless the context otherwise requires,-

(a)"Annual Permitted Strength" means the number of seats in each branch of study approved by appropriate authority responsible for setting of educational standards and approved by the Board;

(b)"Appropriate Authority" means any statutory body responsible for setting of educational standards or the Senate of the University as the case may require;

(c)"Board" means the Board of the University;

(d)"Chairperson" means the Chairperson of the Board of University;

(e)"Chancellor" means the Governor of Chhattisgarh;

(f)"Dean" means the Dean of Academics or of Research & Development, as the case may be;

(g)[ "Director" means the Director of the Institute, who shall be the ex-officio Vice-Chancellor of the University and may also be referred to as "Vice-Chancellor" or "Vice-Chancellor and Director";] [Substituted by C.G. Act No. 11 of 2014, dated 5.8.2014.]

(h)"Employee" means any person appointed by the University and drawing salary and other remuneration from the funds of the University;

(i)"Government" means the Government of Chhattisgarh;

(j)"Institute" means the International Institute of Information Technology-Naya Raipur (IIIT-Naya Raipur) incorporated as a University under this Act in partnership with the National Thermal Power Corporation Ltd. (NTPC);

(k)"NTPC" means the National Thermal Power Corporation Ltd. a central public sector undertaking, incorporated at Delhi, and having its power generation and allied activities in the State of Chhattisgarh, which includes its successors, authorized representatives and permitted assigns;

(l)"Other Backward Classes" means the other Socially and educationally backward classes of citizens for the purposes of Article 15(5) of the Constitution of India and specified by the State Government vide its notification No. F 85-XXV-4-84, Dated 26th December, 1984 as amended from time to time;

(m)"Registrar" means the Registrar of the University;

(n)"Reserved Seats" means the seats reserved for the special category of persons in respect of admonitions under Section 6 of this Act;

(o)"Scheduled Caste" means any caste notified under Article 341 of the Constitution for the State of Chhattisgarh;

(p)"Scheduled Tribe" means any tribe notified under Article 342 of the Constitution for the State of Chhattisgarh;

(q)"Senate" means the senate of the University;

(r)"Sponsor" means NTPC as defined in clause (k) above;

(s)"State" means the State of Chhattisgarh;

(t)"Statutes", "Ordinances" and "Regulations" means the Statutes, Ordinances and Regulations of the University respectively under this Act and for the time being in force;

(u)"Year" means the financial year unless the context otherwise requires.

Chapter II
The University

3. Incorporation of the Institute.

(1)With effect from such date as the State Government may, by notification in the Official Gazette, appoint, there shall be established a university by the name of International Institute of Information Technology Naya Raipur with the abbreviation of "IIIT-Naya Raipur", hereinafter referred to as the Institute.Explanation. - In this Act the words "Institute" and "University" have been used inter-changeably.

(2)The Institute shall be a body corporate having a perpetual succession, a common seal and may by the said name sue or be sued.

(3)The Institute shall be financial and administratively autonomous, having its own administrative policies and practices provided in its Statutes, Ordinances and Regulations.

4. Powers of the Institute.

(1)Subject to the provisions of this Act, the Institute shall exercise the following powers and perform the following duties, namely :-

(a)to admit students with such eligibility as provided in the Statutes and to approve the Annual Permitted Strength;

(b)to provide for instruction and research in the fields of engineering, technology, management, education, sciences and arts, or other fields of knowledge related to information technology, as the Institute may deem fit, and for the advancement of learning, dissemination and creation of knowledge in such fields;

(c)to hold examinations and grant degree, diploma and other academic distinctions or awards;

(d)to confer honorary degrees or other academic distinctions;

(e)to fix, demand and receive fee and other charges;

(f)to establish, maintain and manage halls and hostels for the residence of students;

(g)to supervise and control the residence, regulate the discipline of students of the Institute and to make arrangements for promoting health, general welfare, cultural and corporate life of the students;

(h)to create academic and other posts and to make, other than to the post of Director, appointments thereto;

(i)to frame Statutes, other than the first Statutes, Ordinances and Regulations and to alter, modify or rescind any of these;

(j)to deal with any movable property belonging to or vested in the Institute, in such manner as it may deem fit, for advancing the objects of the Institute;

(k)to receive gifts, grants, donations or benefactions from the Government and to receive bequests donations and transfers of movable or immovable properties from testators, donors or transferors, as the case may be;

(l)to co-operate with educational or other institutions in any part of the world, having objects, wholly or partly, similar to those of the Institute by exchange of teachers, scholars and generally in such manner as may be conducive to their common objects;

(m)to institute and award fellowships, scholarships, exhibitions, prizes and medals; and

(n)to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute.

(2)Notwithstanding anything contained in sub-section (1), the Institute shall not dispose of in any manner any immovable property without the prior approval of the State Government.

5. Institute open to all classes, castes and creeds.

(1)The Institute shall be open to persons of any sex, race, creed, caste or class, and it shall not be lawful for the Institute to adopt or impose on any person any test whatsoever in the name of religious belief or profession or political opinion in order to entitle him to be appointed as a teacher of the Institute or to hold any other office therein or to be admitted as a student of the Institute, or to graduate thereat, or to enjoy or exercise any privilege thereof.

(2)The Institute shall be open to students of any nationality who may be admitted in the manner provided in the Statute.

(3)No bequest, donation or transfer of any property shall be accepted by the Institute, which in the opinion of the Board involves conditions or obligations opposed to the spirit and object of this section.

6. Admissions to the Institute.

(1)Admissions to the Annual Permitted Strength shall be on the basis of a common entrance test (C.E.T.) in such manner as may be approved by the Board of Institute :Provided that 50 percent of the Annual Permitted Strength shall be reserved for the students passing out from schools situated in the State of Chhattisgarh in secondary and senior secondary qualifying examinations :Provided further that 15 percent of the Annual Permitted Strength shall be reserved for the admission of persons employed with NTPC or their wards, who are otherwise eligible and are sponsored by NTPC.

(1A)[ Notwithstanding anything contained in sub-section (1), where the seats reserved for persons employed with NTPC or their wards remain vacant due to nonavailability of eligible students, the same shall be filled from among other eligible students.] [Inserted by C.G. Act No. 11 of 2014, dated 5.8.2014.]

(2)The reservation of seats at the time of admission and its extents for the persons belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens, shall be as specified by the State Government under any law for the time being in force.

7. Teaching at the Institute.

- Teaching at Institute shall be conducted by or in the name of Institute, in accordance with the Statutes, Ordinances and Regulations made in that behalf.

8. Chancellor.

(1)The Governor of Chhattisgarh shall be the Chancellor of the University.

(2)The Chancellor may appoint one or more persons to review the work and progress of the Institute, to hold inquiries into the affairs thereof and to report thereon in such manner as he may direct.

(3)Upon receipt of any such report, the Chancellor may take such action and issue such directions as he may consider necessary in respect of the matter dealt within the report and the Institute shall be bound to comply with such directions.

9. Authorities of the Institute.

- The following shall be the authorities of the Institute:-

(1)The Chairperson,

(2)The Board,

(3)The Senate,

(4)The Finance Committee,

(5)The Building and Works Committee,

(6)Such other authorities as may be declared by the Statutes to be the authorities of the Institute.

10. Constitution of Board.

- The Board shall consist of the following persons, namely:-

(1)The Chairperson, to be nominated by the Chancellor in the manner prescribed;

(2)the Principal Secretary or Secretary, Technical Education, Government of Chhattisgarh, (Ex-officio);

(3)the Principal Secretary or Secretary, Information Technology, Government of Chhattisgarh, (Ex-officio);

(4)Director, Technical Education, Government of Chhattisgarh, (Ex-officio);

(5)One Professor to be nominated by the Senate;

(6)Four persons having special knowledge or practical experience in respect of education, engineering, science or the Information Technology Industry, to be nominated by the Board;[***] [Omitted '(7) Dean (Academic) and Dean (Research & Development), (Ex-officio);' by C.G. Act No. 11 of 2014, dated 5.8.2014.]

(8)Three Persons nominated by the Sponsor;[***] [Omitted '(9) The Registrar;' by C.G. Act No. 11 of 2014, dated 5.8.2014.]

(10)Director of the Institute (Ex-officio Member Secretary).

11. Term of office, vacancies and allowances payable to the members of the Board.

(1)Save as provided in this section

(a)the term of officer of the chairperson or a member of the Board shall be three years from the date of nomination;

(b)an ex-officio member shall continue on the Board till he ceases to hold the office by virtue of which he is a member;

(c)the term of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated.

(2)Notwithstanding anything contained in this section, an out going member shall, continue in office until another person is nominated as a member in his place.

(3)The members of the Board, other than the employees of the Institute, shall be entitled to the reimbursement of expenditure, payment of allowances and sitting fees as may be provided in the regulations.

12. Powers and functions 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 Institute and shall exercise all the powers of the Institute not otherwise provided in this Act, the Statutes, the Ordinances or Regulations and shall have the power to review the work of the Finance Committee and the Building and Works Committee.

(2)Without prejudice to the provision of sub-section (1), the Board shall have the following powers to, namely :-

(a)take decisions on questions of policy relating to the administration and working of the Institute;

(b)Institute Courses of Study on the recommendation of the Senate;

(c)make Statutes, other than the first Statutes;

(d)create posts and appoint persons to academic as well as other posts in the Institute and determine salary structure and the terms and conditions of different cadres of employees subject to availability of financial resources;

(e)make, modify or cancel Ordinances or Regulations;

(f)consider and approve the annual reports and development plan' of the Institute on the recommendation of Senate or the Building and Works Committee, as the case may be;

(g)consider and approve annual accounts and the budget estimate of the Institute for the financial year next, as recommended by the Finance Committee;

(h)accord administrative approval to all infrastructure related works, all minor original works and works related to the maintenance of estate as recommended by the Building and Works Committee;

(i)exercise such other powers and perform such other functions as may be conferred or imposed upon it by this Act or the Statutes.

(3)The Board shall have the power to appoint such other committees as it consider necessary for the exercise of its powers and performance of its functions under this Act:Provided that any such committee appointed under this sub-section shall not be given powers and functions prejudicial to the Senate, the Finance Committee and the Buildings and Works Committee.

(4)[ In the event of any vacancy, including a temporary vacancy in the Office of Director, by reason of death, resignation, leave, illness or otherwise, the Board may entrust to any of its members the functions of the Directors, till the date on which Director appointed under Section 20 enters upon his offices:Provided that the Board may decide the emoluments and allowances of such member:Provided further that the arrangement contemplated in this sub-section shall not continue for a period of more than six months.] [Added by C.G. Act No. 5 of 2015, dated 21.1.2015.]

13. The Senate.

- The Senate shall consist of the following members, namely :-

(a)the Director, who shall be the Chairman;

(b)the Registrar;

(c)Dean (Academic), who shall be the secretary;

(d)Senior most Professors, not exceeding five in numbers representing different disciplines, who shall be nominated by the Board, on the basis of seniority;

(e)three persons, not being employees of the institute, to the nominated by the Board, from among educationists of repute, one each from the fields of science, engineering and management; and

(f)such other persons, not exceeding two, who may be invited by the Senate to assist it in deciding on any academic issues, in that meeting without any voting rights thereto.

14. Functions of the Senate.

- The Senate shall be the principal academic body of the Institute and shall, subject to the provisions of this Act, Statutes, Ordinances and Regulations, have the control and be responsible for maintenance of standards of education, teaching and training, inter-departmental coordination, research, examinations and tests, and shall exercise such other powers and such other duties and functions as may be prescribed or conferred upon it by the Statutes.

15. Finance Committee.

(1)There shall be a Finance Committee with the following members, namely :-

(a)Director, who shall be the Chairman;

(b)nominees of the State Government representing :

(i)the department dealing with Technical Education;

(ii)the department dealing with Finance respectively;

(c)a member of the Board to be nominated by it;

(d)one person of eminence with background in finance or accounts, to be nominated by the Board, not being the employee of the Institute;

(e)The Chief Finance and Accounts officer of the Institute, who shall be the Secretary;

(f)The Registrar;

(g)A person to represent the Sponsor.

(2)The members of the Finance Committee, other than the Chief Finance and Accounts officer and the ex-officio members; shall hold office for a term of three years from the date of their nomination.

16. Powers and functions of the Finance Committee.

- The powers and functions of the Finance Committee shall be as follows :

(a)to examine the accounts and scrutinize proposals for expenditure;

(b)to examine annual accounts for financial estimates of the Institute and submit the same to the Board together with comments for the approval of the Board;

(c)to sanction expenditure up to the extent provided in the Statues.

17. Buildings and Works Committee.

(1)There shall be a Building and Works Committee which shall have the following members, namely :-

(a)Director, who shall be the Chairman;

(b)a member of the Board nominated by it;

(c)a person to represent the Sponsor;

(d)a person of eminence with background in civil engineering, to be nominated by the Board, not being an employee of the Institute;

(e)a person of eminence in the field of teaching or research in any field of study offered by the Institute, to be nominated by the Board, not being an employee of the Institute;

(f)one nominee of the State Government from the department dealing with Public Works;

(g)one person representing the Naya Raipur Development Authority;

(h)the Registrar;

(i)the senior most officer responsible for managing the estate of the Institute shall be the Secretary of the committee.

(2)The members of the Buildings and Works Committee, other than the senior most officer responsible for managing the estate of the Institute and the ex-officio members, shall hold office for a term of three years from the date of their nomination.

18. Powers and functions of the Buildings and Works Committee.

- Subject to the provisions of Statutes, Ordinances and Regulations, the powers and functions of the Buildings and Works Committee shall be as follows :-

(a)Technical approvals for all major infrastructure related works within the sanctioned budget;

(b)Technical approvals and clearance for all minor original works and works related to the maintenance of estate, within the sanctioned budget;

(c)To grant approval in respect of-

(i)enlistment of contractors,

(ii)floating and acceptance of tenders,

(iii)issuance of work orders,

(iv)undertaking of works departmentally and supervising works in progress;

(d)To grant approval for proposals in respect of claims and settlement of under scheduled rates;.

(e)To propose to the Finance Committee for its approval, the Schedule of Rates;

(f)Such other functions in the matter of construction of buildings and development of land, as the Board may deem it fit to assign to the Committee;

(g)The Chairman of the Committee may exercise all or any of the powers of the Committee, as the situation may demand and every such order shall be reported to the Committee and to the Board at their respective next meeting.

19. Powers and functions of the Chairperson of the Board.

- The powers and functions of Chairperson of the Board shall be as follow, namely :-

(a)The Chairperson shall preside over the meetings of the Board;

(b)In cases where meeting of the Board is not convened as provided in the Statutes, the Chairperson shall have the powers to convene the meeting of the Board in accordance with the provisions of the Statues;

(c)Where in the opinion of the Director, the situation demands that immediate decision needs to be taken in the interest of the Institute, then the Chairperson on the recommendation of the Director may issue such orders as may be deemed necessary :

Provided that such orders shall be submitted for ratification of the Board at its next meeting :Provided further that no such decision shall be taken without the prior approval of the Board, where the Financial burden on the Institute exceeds the provisions of the budget approved by the Board;

(d)The Chairperson shall exercise such powers and perform such other functions as may be assigned to him under this Act, by Statutes, or by resolution of the Board.

20. Appointment of Director.

(1)The Director shall be scholar of eminence in the area of Information Technology or Computer Science or Computer Engineering having administrative experience in a degree level institution of higher learning.

(2)Except as provided under this Act the Director of the Institute shall be appointed by the Chancellor "under the doctrine of pleasure" after consultation with the State Government from a panel of not less than three distinguished persons in the field of Information Technology recommended by the search committee under sub-section (3) or sub-section (7) of Section 20 of this Act:Provided that if the person or persons approved by the Chancellor out of those recommended by the search committee are not willing to accept the appointment, the Chancellor may call for fresh recommendations from search committee.

(3)The Chancellor shall constitute a search committee consisting of following persons, namely ;-

(i)one person recommended by the Board;

(ii)one person recommended by the Sponsor;

(iii)one person recommended by the Chancellor;

The Chancellor shall appoint anyone of these three persons as Chairman of the search committee.

(4)For constituting the committee under sub-section (3), the Chancellor shall, six months before the expiry of the term of the Director, call upon the Board and the Sponsor to choose heir nominees for the search committee, and if any or both of them fail to do so within one month of the receipt of the Chancellor's communication in this regard, the Chancellor may further nominate any one or both the persons, as the case may be.

(5)No person who is connected with the Institute shall be recommended or nominated on the search committee under sub-section (3).

(6)[ The search committee shall submit the panel within six weeks from the date of its constitution, or such further time as the Chancellor may deem fit:Provided that except in respect of the appointment of the first Director of the Institute, such further time shall not exceed four weeks.] [Substituted by C.G. Act No. 11 of 2014, dated 5.8.2014.]

(7)If for any reason the committee constituted under sub-section (3) fails to submit the panel within the period specified in sub-section (6), the Chancellor shall constitute another search committee consisting of three persons, not connected with the Institute, and shall appoint one of them as the Chairman of the Search Committee. The search committee so constituted shall submit a panel of three persons within a period of six weeks or such shorter period as may be specified, from the date of its constitution.

(8)If the committee constituted under sub-section (7) fails to submit the panel within the period specified therein, the Chancellor may appoint any person whom he deems fit to be the Director after consultation with the State Government.

(9)The Director shall be a whole-time salaried officer of the Institute and his emolument and other conditions of service shall be prescribed by the Statutes.

(10)The Director shall hold office for a term not exceeding five years or till the attainment of the age of 70 years, whichever is earlier, and shall not be eligible for appointment for more than two terms.

21. Powers and functions of Director.

- The powers and functions of Director shall be as follow, namely :-

(a)The Director shall be the principal academic and executive officer of the Institute, responsible for proper administration of the Institute and for imparting of instructions and maintenance of discipline therein;

(b)The Director shall submit annual reports and accounts to the Board :

Provided that the Chancellor may require the Director to submit such special or periodical reports as may be deemed necessary;

(c)It shall be the duty of the Director to ensure that the decisions taken by the Board are implemented;

(d)The Director shall exercise such other powers and perform such other functions as may be prescribed by the Statutes, Ordinances, Regulations or Resolutions of the Board;

[*** [Omitted '(e) The Director may, if he is of the opinion that the situation is of an emergent nature and immediate action is necessary on any matter, for reasons to be recorded in writing, exercise any power conferred upon any authority, other than the Chairperson of the Institute :' by C.G. Act No. 11 of 2014, dated 5.8.2014.]Provided that the Director shall, as soon as may be, submit a report to the Chairperson, on the exercise of such powers, and the decision thereon shall be final.

22. Appointment, powers and functions of Deans.

(1)The Deans shall be appointed by the Board on recommendations of the Director and on such terms and conditions as may be laid down by the Statutes.

(2)The Deans shall exercise such powers and perform such functions as may be assigned to them under this Act, Statutes, Ordinances or Regulations or by the Board, as the case may be.

23. Appointment, powers and functions of Registrar.

(1)The appointment of the Registrar shall be on such terms and conditions as may be laid down by the Statutes.

(2)The Registrar shall be the custodian of records, the common seal, the funds and the property of the Institute.

(3)Registrar shall be responsible for, and accountable to the Director and shall be subject to the directions and control of the Director.

(4)The Registrar shall exercise such powers and perform such functions as may be assigned to him under this Act, Statutes, Ordinances, Regulations or by the Board, as the case may be, and in performance of such duties and exercising such powers, he shall be responsible to the Director for the proper discharge of his functions.

24. Other authorities.

- The constitution, powers and functions of the other authorities, that may be declared by the Statutes to be the authorities of the Institute, shall be such as may be provided therein.

25. Grants by the State Government.

- For the purpose of enabling the Institute to discharge its functions efficiently under this Act, the State Government may after due appropriation made by the Legislature by law in this behalf, pay to the Institute in each financial year such sums of money and in such manner as it may deem fit.

26. Funds of the Institute.

(1)The Institute shall maintain funds, which shall be credited with :-

(a)money provided by the State Government;

(b)fees and other charges received by the Institute;

(c)money received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers;

(d)money received by the Institute in any other manner or from any other source;

(e)money received from the Sponsor.

(2)Money credited to the Fund shall be deposited in such banks or invested in such manner as the Director may decide in accordance with the guidelines of Reserve Bank of India.

(3)Funds of the Institute shall be applied towards meeting of the expenses of the Institute, including expenses incurred in the exercise of powers and discharge of functions under this Act.

27. Accounts and audit.

(1)The Institute shall maintain proper accounts including the balance sheet, other relevant records and prepare an annual statement of accounts.

(2)The accounts of the Institute shall be audited by the Examiner of the Local Fund Audit of the State or such person or persons as he may authorize in this behalf.

(3)The Examiner of the Local Fund Audit and any person appointed by him in connection with the audit of the accounts of the Institute shall have the same rights, privileges and authority in connection with such audit as the Examiner of the Local Fund Audit has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute.

(4)The accounts of the Institute as certified by the Examiner of the Local Fund Audit or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the State Government and Government shall cause the same to be laid before the Legislative Assembly.

(5)The Institute may appoint a statutory auditor for audit of its accounts, without derogating provisions mentioned above under sub-sections (2), (3) and (4) of this Section.

28. Pension and provident fund.

- The Institute shall constitute for the benefit of its employees, including the Director, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident funds schemes as it may deem fit:Provided that the State Government may declare that the provisions of the Provident Fund Act, 1925 (No. 19 of 1925) shall apply to such Provident Fund as if it were a government provident fund.

29. Appointment of staff.

- All appointments of members of the staff of the institute, except that of the Director, shall be made in accordance with the procedure laid down in the Statutes, by-

(a)The Board, if the appointment is made on the academic staff i.e. to post of Associate Professor or above or if the appointment is made on the non-academic staff in any cadre, the maximum pay scale for which is prescribed in the Statutes from time to time; and

(b)the Director, in other cases.

30. Statutes.

- Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely :-

(a)the conferment of honorary degrees;

(b)the formation of departments, divisions, centers or schools of teaching;

(c)the fee to be charged for courses of study in the Institute and for admission to the examinations of degree and diploma or any other distinction or award of the Institute;

(d)the institute of fellowships, scholarships, exhibitions, medals and prizes;

(e)the term of office and the method of appointment of officers of the Institute;

(f)the qualifications of teachers of the Institute;

(g)the classifications, the method of appointment and the determination of the terms and conditions of service of teachers and other staff of the Institute;

(h)the constitution of pension, insurance and provident funds, for the benefit of officers, teachers and other staff of the Institute;

(i)the constitution, powers and duties of the authorities of the Institute;

(j)the establishment and maintenance of halls and hostels;

(k)the conditions of residence of students of the Institute and the levying of fee for residence in the hails and hostels and of other charges;

(l)the manner of filling vacancies among members of the Board;

[***] [Omitted '(m) the allowances and other remunerations to be paid to the Chairperson and members of the Board;' by C.G. Act No. 11 of 2014, dated 5.8.2014.]

(n)the authentication of the orders and decisions of the Board;

(o)the meetings of the Board, the Senate, or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business;

(p)any other matter, not being inconsistent with the provisions of this Act, which, by or under this Act and the Statutes thereunder, are, or to be, or may be, provided.

31. Statutes how made.

(1)The State Government shall make the first Statutes, which shall be effective from the date of its publication in the Official Gazette.

(2)The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1):Provided that every new Statute or addition to the Statutes or any amendment or repeal of Statute shall require the previous approval of the Chancellor who may assent thereto, or withhold assent, or remit it to the Board for reconsideration :Provided further that a new Statute or a Statutes amending or repealing an existing Statute shall have no validity unless it has been assented to by the Chancellor.

32. Ordinances.

- Subject to the provisions of this Act and the Statutes, the Ordinances of Institute may provide for all or any of the following matters, namely :-

(a)admission of the students to the Institute;

(b)the courses of study to be laid down for all degree, diploma or any other distinction or award of the Institute;

(c)the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the Institute, and shall be eligible for degree and diploma or any other distinction or award of the Institute;

(d)the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes;

(e)the conditions and mode of appointment and duties of examining bodies, examiners and moderators;

(f)the conduct of examinations;

(g)the maintenance of discipline among the students of the Institute; [***] [Omitted 'and' by C.G. Act No. 11 of 2014, dated 5.8.2014.]

[(g-1) constitution of Students Union and its mode; and] [Inserted by C.G. Act No. 11 of 2014, dated 5.8.2014.]

(h)any other matter, not being inconsistent with the provisions of this Act or Statutes, which, by or under this Act and the Statutes thereunder, are, or to be, or may be, provided.

33. Ordinances how made.

(1)Save as otherwise provided in this section, Ordinances shall be made by the Senate.

(2)All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board at its next succeeding meeting.

(3)The Board shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified or cancelled, as the case may be.

34. Power to make regulations.

- The authorities of the Institute may make Regulations consistent with this Act, the Statutes and the Ordinance, in the manner prescribed by the Statutes for the conduct of their own business and that of any of the committees appointed by them and not provided for by the Act, the Statutes or the Ordinances.

Chapter III
Miscellaneous

35. Proceedings of the Institute authorities or bodies not to be invalidated by vacancies etc.

- No act or proceedings of the Board, the Senate or any other authority constituted under this Act shall be invalidated merely by reason of:

(a)the existence of any vacancy or vacancies among its members;

(b)any defect in the selection, nomination or appointment of a person acting as a member thereof; or

(c)any irregularity in its procedure not affecting the merits of the case.

36. Removal of the Director, member of the Board, Senate or Finance Committee of the Institute.

(1)The Chancellor may, by rules to be framed in this behalf by the State Government, order the removal of the Director of the Institute or of any member of a duly constituted body of the Institute at any time, on charges relating to moral turpitude, unbecoming conduct, gross indiscipline, conflict of interest or any other ground provided in these rules.

(2)The Director of the Institute shall not be removed from office without charges being served on him specifying the grounds for the proposed removal from office, with an opportunity being afforded to him to explain his conduct and reply to the charges.

(3)No member of a duly constituted body of the Institute may be removed without being given an opportunity to be heard by a person nominated by the Chancellor in this behalf.

37. Power to remove difficulties.

- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty :Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act.

38. Power to make rules.

- The State Government may, subject to the previous publication, by notification in the Official Gazette, make rules to carry out all or any of the purpose of this Act.

39. Statutes and Ordinance to be published in the Official Gazette and to be laid before the Legislature.

(1)Every Statute and Ordinance made under this Act shall be published in the Official Gazette.

(2)Every Statute, including amendments to the First Statute, Ordinance or Rule made under this Act shall be laid, as soon as may be after it is made, before the House of the Legislative Assembly of Chhattisgarh while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees in making any modification or the House agrees that the Statute or the Ordinance or the Rule, as the case may be, should not be made, the Statute or the Ordinance or the Rule, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the Statute or the Ordinance or the Rule, as the case may be.

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State of Chattisgarh - Act