The Academy of Scientific and Innovative Research Act, 2011
Administered Ministry: Ministry of Science and Technology / Department of Secientific and Industrial Research
Section
Section 21 Director of Academy.
The Director shall be the principal academic and executive officer of the Academy and shall be responsible for the administration of the Academy and imparting instruction, research and maintenance of discipline.
Section 22 Appointment and duty of Director of Academy, etc.
(1) The Director shall be appointed, by the President of the Council of Scientific and Industrial Research, on the recommendation of the selection committee constituted under sub-section (2).
(2) The selection committee referred to in sub-section (1) shall consist of--
(a) the Chairperson of the Board;
(b) the Vice-Chairperson of the Board;
(c) the President of the Indian National Science Academy;
(d) the Chairman, Atomic Energy Commission, Government of India;
(e) the Chairman, Space Commission, Government of India.
(3) The selection committee referred to in sub-section (2) shall--
(a) be constituted within six months before the completion of tenure of the incumbent as the Director;
(b) submit its recommendation at least three months before the completion of the tenure of the incumbent Director.
(4) The selection committee may evolve its own procedure for the purposes of 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 referred to in sub-section (1) shall form quorum for the meeting of the committee:
Provided that no person shall be selected or nominated as Director unless such person is an Indian citizen.
(6) It shall be the duty of the Director that the decisions taken by the Board are implemented.
(7) The Director shall submit an 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 Ordinances.
(9) The term of the Director shall be five years.
(2) The selection committee referred to in sub-section (1) shall consist of--
(a) the Chairperson of the Board;
(b) the Vice-Chairperson of the Board;
(c) the President of the Indian National Science Academy;
(d) the Chairman, Atomic Energy Commission, Government of India;
(e) the Chairman, Space Commission, Government of India.
(3) The selection committee referred to in sub-section (2) shall--
(a) be constituted within six months before the completion of tenure of the incumbent as the Director;
(b) submit its recommendation at least three months before the completion of the tenure of the incumbent Director.
(4) The selection committee may evolve its own procedure for the purposes of 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 referred to in sub-section (1) shall form quorum for the meeting of the committee:
Provided that no person shall be selected or nominated as Director unless such person is an Indian citizen.
(6) It shall be the duty of the Director that the decisions taken by the Board are implemented.
(7) The Director shall submit an 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 Ordinances.
(9) The term of the Director shall be five years.
Section 23 Associate Directors.
(1) The Associate Directors of the Academy shall, be appointed by the Director with the approval of the Board, from amongst Professors of the Academy or scientists of the Council of Scientific and Industrial Research engaged in academic activity in the Academy, for such period, 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 assign any other designation for the Associate Directors, for the purpose of administrative convenience or academic efficiency.
(2) The Board may assign any other designation for the Associate Directors, for the purpose of administrative convenience or academic efficiency.
Section 24 Powers of other authorities.
(1) The constitution and powers of Board of Studies shall be such as may be provided in the Statutes.
(2) The powers, including the financial powers and duties of authorities, officers and other functionaries of the Academy shall be as provided by the Statutes.
(2) The powers, including the financial powers and duties of authorities, officers and other functionaries of the Academy shall be as provided by the Statutes.
Section 25 Funds of Academy.
(1) The Academy shall maintain 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, gifts, donations, benefactions, bequests or transfers;
(c) monies for projects undertaken by the Academy;
(d) income from investment made by the Academy or from any other source;
(e) the funds received from the Council of Scientific and Industrial Research, by way of loan or otherwise;
(f) all monies received by the Academy in any other manner or from any other source.
(2) All monies credited to the fund of the Academy shall be deposited in such banks or invested in such manner as the Academy may, with the approval of the Board, decide.
(3) The fund shall be applied for meeting,--
(a) the salaries, allowances and other remuneration of the Chairperson, members of the Board or Faculty, officers and other employees or members of the committees set up by the Academy;
(b) the expenses of the Academy in the discharge of its functions or exercise of its powers under section 8;
(c) the expenses on objects of, and for purposes authorised by, this Act.
(4) All expenditure of the Academy shall be within the framework of a budget approved by the Board.
(a) all fees (including tuition fees) and other charges received by the Academy;
(b) all monies received by the Academy by way of grants, gifts, donations, benefactions, bequests or transfers;
(c) monies for projects undertaken by the Academy;
(d) income from investment made by the Academy or from any other source;
(e) the funds received from the Council of Scientific and Industrial Research, by way of loan or otherwise;
(f) all monies received by the Academy in any other manner or from any other source.
(2) All monies credited to the fund of the Academy shall be deposited in such banks or invested in such manner as the Academy may, with the approval of the Board, decide.
(3) The fund shall be applied for meeting,--
(a) the salaries, allowances and other remuneration of the Chairperson, members of the Board or Faculty, officers and other employees or members of the committees set up by the Academy;
(b) the expenses of the Academy in the discharge of its functions or exercise of its powers under section 8;
(c) the expenses on objects of, and for purposes authorised by, this Act.
(4) All expenditure of the Academy shall be within the framework of a budget approved by the Board.
Section 26 Accounts.
(1) The Academy shall maintain proper and separate accounts giving therein the details of all receipts in, and, expenditure from, such fund and other relevant particulars.
(2) The accounts referred to in sub-section (1) shall be prepared and got 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 referred to in sub-section (1) duly audited under section 27 and signed by the Director, Associate Director in charge of Finance and Associate Director in charge of Administration.
(4) The Council of Scientific and Industrial Research referred to in sub-section (3), the Board and any other person appointed by them in connection with the audit of the accounts of the Academy shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Academy.
(2) The accounts referred to in sub-section (1) shall be prepared and got 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 referred to in sub-section (1) duly audited under section 27 and signed by the Director, Associate Director in charge of Finance and Associate Director in charge of Administration.
(4) The Council of Scientific and Industrial Research referred to in sub-section (3), the Board and any other person appointed by them in connection with the audit of the accounts of the Academy shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Academy.
Section 27 Audit of accounts and its publication.
(1) The accounts of the Academy shall, without prejudice to the provisions contained in the Comptroller and Auditor-Generals (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971), be audited by auditors who may be appointed by the Board for the term of one year and such auditors shall be eligible for re-appointment.
(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 who has obtained a certificate of practice under sub-section (1) of section 6 of that Act.
(3) The accounts of the Academy shall, after the completion of the audit under sub-section (1) and submission thereof to the Board and the Council of Scientific and Industrial Research be published on the website of the Academy.
(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 who has obtained a certificate of practice under sub-section (1) of section 6 of that Act.
(3) The accounts of the Academy shall, after the completion of the audit under sub-section (1) and submission thereof to the Board and the Council of Scientific and Industrial Research be published on the website of the Academy.
Section 28 Statutes. 1 docs
(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 for enactment of Statutes to the Board.
(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.
(2) Without prejudice to the provisions contained in sub-section (1), the Senate may make recommendations for enactment of Statutes to the Board.
(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.
Section 29 Matters to be provided by Statutes.
Subject to the provisions of this Act, the Statutes may provide for all or any of the matters considered necessary by the Board for 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 the Board of Studies;
(c) the tuition fee and other fees to be charged;
(d) the institution of fellowships, scholarships, medals and prizes;
(e) the term of office and the method of appointment of officers of the Academy;
(f) the qualification of Faculty of the Academy (other than the scientists of the Council of Scientific and Industrial Research engaged in the service of the Academy), officers and other staff of Academy:
Provided that the scientists of the Council of Scientific and Industrial Research engaged in the service of the Academy shall be governed by the qualifications specified by the Council and nothing contained in this Act shall be construed to disqualify them from undertaking the service of the Academy or engaging them as Faculty of the Academy;
(g) the classification, the method of appointment and the determination of the terms and conditions of service of Faculty, officers and other staff of the Academy;
(h) the provision of 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 authorities of the Academy;
(j) the establishment and maintenance of hostels;
(k) the conditions of residence of students of the Academy and the levying of fees for residence in the hostels and of other charges;
(l) the allowances to be paid to the Chairperson and other members of the Board and any committee constituted by 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 conduct of their business;
(n) any other matter which may be required or necessary for the purposes of this Act.
(a) the conferment of degrees and diplomas;
(b) the constitution, powers and functions of the Board of Studies;
(c) the tuition fee and other fees to be charged;
(d) the institution of fellowships, scholarships, medals and prizes;
(e) the term of office and the method of appointment of officers of the Academy;
(f) the qualification of Faculty of the Academy (other than the scientists of the Council of Scientific and Industrial Research engaged in the service of the Academy), officers and other staff of Academy:
Provided that the scientists of the Council of Scientific and Industrial Research engaged in the service of the Academy shall be governed by the qualifications specified by the Council and nothing contained in this Act shall be construed to disqualify them from undertaking the service of the Academy or engaging them as Faculty of the Academy;
(g) the classification, the method of appointment and the determination of the terms and conditions of service of Faculty, officers and other staff of the Academy;
(h) the provision of 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 authorities of the Academy;
(j) the establishment and maintenance of hostels;
(k) the conditions of residence of students of the Academy and the levying of fees for residence in the hostels and of other charges;
(l) the allowances to be paid to the Chairperson and other members of the Board and any committee constituted by 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 conduct of their business;
(n) any other matter which may be required or necessary for the purposes of this Act.
Section 30 Ordinances. 1 docs
(1) Subject to the provisions of this Act and the Statutes, the Ordinances of the Academy may provide for all or any of the following matters, namely:--
(a) the admission of the students;
(b) the courses of study;
(c) the conditions under which students shall be admitted and shall be eligible for degrees, diplomas and certificates and to the examinations of the Academy, and shall be eligible for the degrees, diplomas and certificates;
(d) the conditions of award of the fellowships, scholarships, medals and prizes;
(e) the condition and mode of appointment and duties of examining bodies, examiners and moderators;
(f) the conduct of examinations;
(g) the maintenance of discipline among students of the Academy;
(h) any other matter which by this Act or the Statute, 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 have the 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 in its subsequent meeting.
(4) The Board shall have the power by resolution to modify or cancel or rescind any of the Ordinances and such Ordinances shall, from the date of such resolution stand modified accordingly or cancelled or rescinded, as the case may be.
(a) the admission of the students;
(b) the courses of study;
(c) the conditions under which students shall be admitted and shall be eligible for degrees, diplomas and certificates and to the examinations of the Academy, and shall be eligible for the degrees, diplomas and certificates;
(d) the conditions of award of the fellowships, scholarships, medals and prizes;
(e) the condition and mode of appointment and duties of examining bodies, examiners and moderators;
(f) the conduct of examinations;
(g) the maintenance of discipline among students of the Academy;
(h) any other matter which by this Act or the Statute, 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 have the 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 in its subsequent meeting.
(4) The Board shall have the power by resolution to modify or cancel or rescind any of the Ordinances and such Ordinances shall, from the date of such resolution stand modified accordingly or cancelled or rescinded, as the case may be.
Section 31 Review of functioning of Academy.
(1) There shall be a review of the functioning of the Academy once in every four years by persons of eminence to be appointed by the Council of Scientific and Industrial Research.
(2) The Academy shall meet the expenses for conducting the review under sub-section (1) and upon 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 conduct review of functioning of administrative and academic wings of the Academy, in such manner and at such intervals, as may be provided in the Statutes.
(2) The Academy shall meet the expenses for conducting the review under sub-section (1) and upon 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 conduct review of functioning of administrative and academic wings of the Academy, in such manner and at such intervals, as may be provided in the Statutes.
Section 32 Appointments.
All appointments of the staff of the Academy (except appointment of the Director), shall be made in accordance with the procedure laid down in the Statute, by--
(a) the Board for the academic staff;
(b) the Director, in any other case.
(a) the Board for the academic staff;
(b) the Director, in any other case.
Section 33 Conditions of service.
(1) Every employee of the Academy shall be appointed on contractual basis under a written contract, which shall be lodged with the Academy and a copy of which shall be furnished to the employee concerned:
Provided that all scientists and other employees of the Council of Scientific and Industrial Research engaged 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, to bring the best talent in the Academy:
Provided that the scientists of the Council of Scientific and Industrial Research--
(a) engaged in the service of the Academy; and
(b) who draw their salary from the Council,
shall be eligible for such allowances or honorarium, as may be determined by the Statute.
Provided that all scientists and other employees of the Council of Scientific and Industrial Research engaged 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, to bring the best talent in the Academy:
Provided that the scientists of the Council of Scientific and Industrial Research--
(a) engaged in the service of the Academy; and
(b) who draw their salary from the Council,
shall be eligible for such allowances or honorarium, as may be determined by the Statute.
Section 34 Arbitration.
(1) Any dispute arising out of a contract between the Academy and any of its employees shall, at the request of the employee concerned or at the instance 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 the third arbitrator who shall act as the presiding arbitrator.
(2) The arbitration under sub-section (1) shall be governed by the Arbitration and Conciliation Act, 1996 (26 of 1996).
(2) The arbitration under sub-section (1) shall be governed by the Arbitration and Conciliation Act, 1996 (26 of 1996).
Section 35 Resignation, removal and suspension of Chairperson and other Member or Director.
(1) The Chairperson or any Member of the Board other than ex officio Members of the Board or Director may, by notice in writing under his hand addressed to the President of the Council of Scientific and Industrial Research, resign his office:
Provided that the Chairperson or such Member or Director shall, unless he is permitted by the President of the Council of Scientific and Industrial Research to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) The President of the Council of Scientific and Industrial Research may remove from office the Chairperson or any Member of the Board or the Director, who--
(a) has been adjudged an insolvent; or
(b) being the Director has engaged at any time, during his term of office, in any paid employment; or
(c) has been convicted of an 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 stands so declared by a competent court; or
(f) has acquired such financial or other interest as is likely to affect prejudicially the exercise 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 proved misbehavior; or
(i) has such other disqualifications as may be prescribed.
(3) Notwithstanding anything contained in sub-section (1), the Chairperson or a Member of the Board or the Director shall not be removed from his office on the grounds specified in clause (f) or clause (g) or clause (h) of sub-section (1), except by an order made by the President of the Council of Scientific and Industrial Research after an inquiry made in this behalf in which such Chairperson 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 the event of inquiry instituted under sub-section (2), the President of the Council of Scientific and Industrial Research may suspend such Chairperson or Member or Director against whom inquiry has been instituted for a period not exceeding six months if it is considered necessary in public interest.
(5) The President of the Council of Scientific and Industrial Research may, by rules, regulate the procedure for the inquiry referred to in sub-section (2).
(6) In case any nominated member under clause (k) of sub-section (1) of section 11 in the Board 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 nominated member shall be revoked by those who nominated such member.
Provided that the Chairperson or such Member or Director shall, unless he is permitted by the President of the Council of Scientific and Industrial Research to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) The President of the Council of Scientific and Industrial Research may remove from office the Chairperson or any Member of the Board or the Director, who--
(a) has been adjudged an insolvent; or
(b) being the Director has engaged at any time, during his term of office, in any paid employment; or
(c) has been convicted of an 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 stands so declared by a competent court; or
(f) has acquired such financial or other interest as is likely to affect prejudicially the exercise 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 proved misbehavior; or
(i) has such other disqualifications as may be prescribed.
(3) Notwithstanding anything contained in sub-section (1), the Chairperson or a Member of the Board or the Director shall not be removed from his office on the grounds specified in clause (f) or clause (g) or clause (h) of sub-section (1), except by an order made by the President of the Council of Scientific and Industrial Research after an inquiry made in this behalf in which such Chairperson 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 the event of inquiry instituted under sub-section (2), the President of the Council of Scientific and Industrial Research may suspend such Chairperson or Member or Director against whom inquiry has been instituted for a period not exceeding six months if it is considered necessary in public interest.
(5) The President of the Council of Scientific and Industrial Research may, by rules, regulate the procedure for the inquiry referred to in sub-section (2).
(6) In case any nominated member under clause (k) of sub-section (1) of section 11 in the Board 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 nominated member shall be revoked by those who nominated such member.
Section 36 Meetings.
The meetings of the Board, Senate, or other committees constituted by the Academy may be held using contemporary tools of information and communication technologies (including videoconferencing) without the members necessarily having to be physically present.
Section 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 set up under this Act or the Statutes, shall be invalid merely by reason of--
(a) any vacancy in, or defect in the constitution thereof; 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.
(a) any vacancy in, or defect in the constitution thereof; 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.
Section 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 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 three years from the commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, 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, and 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 or both Houses agree that the order should not be made, 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 be without prejudice to the validity of anything previously done under that order.
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, 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, and 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 or both Houses agree that the order should not be made, 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 be without prejudice to the validity of anything previously done under that order.