Statutes of the National Institute

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 672 ] NEW DELHI, THURSDAY, AUGUST 3, 2017/SRAVANA 12, 1939 MINISTRY OF HUMAN RESOURCE DEVELOPMENT (Department of Higher Education ) NOTIFICATION New Delhi, the 2nd August, 2017 G.S.R. 988(E).—In exercise of the powers conferred by sub-section (1) of section 26 of the National Institutes of Technology, Science Education and Research Act, 2007 (29 of 2007) the Central Government, with the prior approval of the Visitor, hereby makes the Statutes for National Institute of Technology, Andhra Pradesh, namely:- 1. Short title, extent and commencement:- (1)These Statutes may be called the Statutes of the National Institute of Technology, Andhra Pradesh, 2017. (2) They shall apply to the National Institute of Technology, Andhra Pradesh. (3) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions.- (1) In these Statutes, unless the context otherwise requires, - (a) “Act” means the National Institutes of Technology, Science Education and Research Act, 2007 (29 of 2007); (b) “Authorities”, “Officers” and “Faculty Members” mean, respectively, the authorities, officers and faculty members of the Institute; (c) “Board means the Board of Governors of the Institute; (d) “Building and Works Committee” means the Building and Works Committee of the Institute constituted under Statute 12; (e) “Centre” means an academic unit of the Institute engaged in academic activities (like teaching, research, etc.) generally of an inter-disciplinary nature; (f) “Council means the Council of the Institute; (g) “Department” means an academic unit of the Institute engaged in academic activities (like teaching, research, etc) generally relating to a particular discipline or area; (h) “Finance Committee” means the Finance Committee of the Institute constituted under Statute (i) “Head of a Department or Centre”, by whatever name called, means the person appointed to head the Department or Centre, as the case may be, under Statute 20; (j) “Programme” means an academic programme of the Institute; (k) “rules” mean the rules made under the Act; (l) “Schedule” means Schedule annexed to these Statutes. (2) Words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act. 3. Authorities.- The following shall be the authorities of the Institute, namely:- (i) the Board of Governors as constituted under Section 11 of the Act; (ii) the Senate as constituted under Section 14 of the Act; (iii) the Finance Committee, as constituted under Statute 10; and (iv) the Building and Works Committee as constituted under Statute 12. 4. Board of Governors and meetings thereof.- (1) The bodies entitled to nominate or elect representatives of the Board shall be invited by the Registrar to do so within a period not exceeding eight weeks from the date on which such invitations are issued by him. (2) Casual vacancies on the Board shall be filled up by following the procedure specified under Sub- Statute (1). (3) The Board shall ordinarily meet four times during a calendar year. (4) Meetings of the Board shall be convened by the Chairperson, either on his own motion or at the request of the Director or on a requisition signed by not less than four members of the Board. (5) Six members shall form a quorum for a meeting of the Board : Provided that if a meeting is adjourned for want of quorum, it shall be held on the same day in the next week at the same time and place or on such other day, time and place, as the Chairperson may determine, and if at such a meeting, a quorum is not present within half-an-hour from the scheduled time for holding a meeting, the members present shall form the quorum. (6) All questions considered at the meetings of the Board shall be decided by a majority of the votes of the members present including the Chairperson and if the votes be equally divided, the Chairperson shall have a casting vote. (7) The Chairperson, if present, shall preside over every meeting of the Board : Provided that in the absence of the Chairperson, the members present shall elect a member from amongst themselves to preside at the meeting. (8) A written notice of every meeting shall be sent by the Registrar to every member at least fifteen days before the date of the meeting mentioning therein the place, date and time of the meeting : Provided that the Chairperson may call a special meeting of the Board at short notice to consider urgent issues. (9) The notice may be delivered either by hand or sent by registered post or e-mail or fax, at the address of each member as recorded in the office of the Board and if so sent, shall be deemed to be duly delivered at the time at which notice would be delivered in the ordinary course of post. (10) Agenda of the meeting shall be circulated by the Registrar to all members at least ten days before the meeting. (11) Notices of motions for inclusion of any item on the agenda shall reach the Registrar at least one week before the meeting : Provided that the Chairperson may, permit inclusion of any item for which due notice has not been received. (12) The ruling of the Chairperson with regard to all questions of procedure shall be final. (13) The minutes of the proceedings of a meeting of the Board shall be drawn up by the Registrar and circulated to all members of the Board present in India and the same along with any amendment suggested shall be placed before the Board in its next meeting for confirmation and after the minutes are confirmed and signed by the Chairperson, they shall be recorded in the minute book. (14) The minute book shall be kept open for inspection of the members of the Board and the Council at all times during office hours. (15) If a member of the Board fails to attend three consecutive meetings without leave of absence from the Board, he shall cease to be a member of the Board. (16) No matter concerned with finance shall be placed before the Board unless the same has been considered by the Finance Committee. (17) No matter which is required to be first considered by the Building and Works Committee shall be placed before the Board unless the same has been considered by the Building and Works Committee after obtaining the administrative approval of the Board. 5. Powers of the Board.- In addition to the powers provided under sub-section (1) of section 13 of the Act, the Board shall be empowered,- (i) to abolish, re-designate or change the nomenclature of any post in the Institute; (ii) to make, modify or cancel any Statute with the approval of the Visitor from time to time : Provided that the new Statute, additions or amendments of existing Statute shall be applicable only after the assent of the visitor; and (iii) to make, modify and cancel all or any ordinances on recommendation of the Finance Committee or Senate of the Institute subject to the condition that making, modification and cancellation shall not be in contravention of the Act and the Statutes made thereunder. 6. Authentication of Orders of the Board.- All orders and decisions of the Board shall be authenticated by the signature of the Director. In absence of the Director, the Registrar or any person-authorised by the Board in this behalf. 7. Senate.- (1)The Senate shall meet as often as necessary but ordinarily not less than four times during a calendar year. (2) Meetings of the Senate shall be convened by the Chairman of the Senate either on his own motion or on a requisition signed by not less than one fifth of the members of the Senate. (3) The meeting Governed on requisition shall be a special meeting to discuss only those items of agenda for which requisition is given and shall necessarily be chaired by the Director on convenient date and time. (4) One third of the total number of members of the Senate shall form a quorum for a meeting of the Senate. (5) The Director shall preside over every meeting of the Senate: Provided that in the absence of the Director, Deputy Director shall preside and in the absence of both the Director and the Deputy Director, the senior most Professor present shall preside over the meeting. (6) A written notice of every meeting together with the agenda shall be circulated by the Registrar to the members of the Senate at least a week before the meeting: Provided that the Chairman of the Senate may permit inclusion of any item for which due notice has not been given. (7) Notwithstanding the provisions of sub-statute (6), the Director may call an emergency meeting of the Senate at short notice to consider urgent special issues. (8) The ruling of the Chairman of the Senate with regard to all questions of procedure shall be final. (9) The minutes of the proceedings of a meeting of the Senate shall be drawn up by the Registrar in consultation with Dean (Academics) and circulated to all the members of Senate present in India: Provided that no such minutes shall be circulated, if the Senate considers such circulation prejudicial to the interests of the Institute or the Central Government. (10) The minutes, along with amendments, if any, suggested shall be placed for confirmation at the next meeting of the Senate and after the minutes are confirmed and signed by the Chairperson of the Senate, they shall be recorded in a minute book which shall be kept open for inspection of the members of the Senate, the Board and the Council at all times during office hours. 8. Powers of the Senate.- Subject to the provisions of the Act, the Senate shall have the powers to - (i) frame and revise curricula and syllabi for the courses of studies for the various Departments and Centres; (ii) make arrangements for the conduct of examinations; appointment of examiners, moderators, tabulators and other matters relating to the examinations; (iii) declare the results of the examinations or to appoint Committees or officers to do so and to make recommendations to the Board regarding conferment or grant of degrees, diplomas and other academic distinctions or titles; (iv) appoint Advisory Committees or Expert Committees or both for the Departments or Centres of the Institute to make recommendations on academic matters connected with the working of the Departments or Centres; (v) appoint Committees from amongst the members of the Senate, other teachers of the Institute and experts from outside to advise on such specific and important academic matters as may be referred to any such Committee by the Senate; (vi) consider the recommendations of the Advisory Committees attached to various Departments or Centres and that of Expert and other Committees and take such action (including the making of recommendations to the Board) as warranted by each case; (vii) make periodical review of the activities of the Departments or Centres and take appropriate action (including the making of recommendations to the Board); (viii) supervise the working of the Library of the Institute; (ix) promote research and academic development or activity within the Institute and seek reports on such research or academic development or activity from the persons engaged therein; (x) provide for the inspection of the class rooms, Laboratories, Library and the residential hostels; (xi) plan co-curricular activities of students of the Institute; (xii) award stipends, scholarships, medals and prizes and make other awards in accordance with such conditions as may be attached to the awards; (xiii) make recommendations to the Board with regard to the creation or restructuring of Departments or Programmes or Centres and the abolition of existing Departments or Centres thereof; (xiv) make recommendations to the Board to disseminate knowledge through distance learning mode to various parts of the State or country or abroad; (xv) invite up to two student representatives during discussion of general nature not involving policy or disciplinary matters in the Senate meetings. 9. Chairman of the Senate to exercise powers in emergency.- If, in the opinion of the Chairman of the Senate, any emergency has arisen which requires immediate action, he may take such action as he deems necessary and shall report the same for approval to the Senate in its next meeting. 10. Finance Committee.- (1) There shall be a Finance Committee consisting of the following members, namely:- (i) the Chairperson of the Board of Governors, ex-officio Chairman; (ii) the Director, ex-officio member; (iii) Joint Secretary dealing with National Institutes of Technology or his nominee and Financial Advisor (Human Resource Development) or his nominee, ex-officio members; (iv) two persons nominated by the Board from amongst its members; and (v) the Registrar, ex-officio, Member-Secretary: Provided that in addition to the above, the Chairman may invite an expert as special invitee, however, the special invitee may not have voting rights. (2) All financial proposals shall be placed before the Finance Committee prior to being placed before the Board for consideration and approval. (3) The Finance Committee shall meet ordinarily four times in a year preferably before the meeting of the Board of Governors. (4) Four members of the Finance Committee shall form a quorum for a meeting of the Finance Committee. (5) The Chairman, shall preside over the meetings of the Finance Committee and in his absence, the Director shall preside over the meetings. (6) The provisions in these Statutes regarding notices of the meeting, inclusion of items in the agenda and confirmation of the minutes applicable to the meetings of the Board shall, so far as practicable may be, followed in connection with the meetings of the Finance Committee. (7) A copy of the minutes of every meeting of the Finance Committee shall be placed before the Board. 11. Powers of the Finance Committee.- The Finance Committee shall have power to - (i) examine and scrutinise the annual budget of the Institute prepared by the Director and make recommendations to the Board; and (ii) give its views and make its recommendations of the Board on any financial proposals or issues affecting the Institute to the Board either on the initiative of the Board or of the Director, or on its own motion. 12. Building and Works Committee.- (1) There shall be a Building and Works Committee for each Institute, consisting of following members, namely:- (i) the Director, ex-officio Chairperson; (ii) Director or Deputy Secretary or his nominee dealing with the National Institutes of Technology in the Ministry and Director or Deputy Secretary or his nominee dealing with Finance of National Institutes of Technology in the Ministry as ex-officio members of the Central Government; (iii) one member nominated by the Board of Governors; (iv) Registrar, ex-officio, Member Secretary; (v) Dean, planning and development or similar position - Member; and (vi) one expert each from Civil and Electrical Engineering Wing of Central or State Government or any autonomous body of repute - Member. (2) The Building and Works Committee shall meet as often as necessary but ordinarily not less than four times in a year. (3) Four members shall form a quorum for a meeting of the Building and Works Committee. (4) The provisions in these Statutes regarding notice of meeting, inclusion of items in the agenda and confirmation of the minutes applicable to the meeting of the Board shall, as far as practicable may be followed in connection with meetings of the Building and Works Committee also. (5) A copy of the minute of every meeting of the Building and Works Committee shall be placed before the Board together with the recommendations of the Finance Committee on specific proposal or proposals which requires approval of the Board. 13. Powers and functions of the Building and Works Committee.- (1) The Building and Works Committee shall,- (i) under the directions of the Board, undertake construction of all major works, after the necessary administrative approval and expenditure sanction from the Board; (ii) have the power to give the necessary administrative approval and expenditure sanction for minor works and works pertaining to repair and maintenance, within the approved budgetary provision of the Institute; Provided that the Board shall define the minor work and minor repair and maintenance in terms of quantum or expenditure. (iii) cause to prepare estimates of cost of buildings and other capital works, minor works, repairs, maintenance and the like. The Building and Works Committee shall approve the cost estimates for minor works, minor repairs and maintenance; (iv) be responsible for making technical scrutiny of the design, estimates and specifications of the material as may be considered necessary; (v) be responsible for enlistment of suitable contractors and acceptance of tenders and shall have the power to give directions for departmental works where necessary duly recommended by the Dean (Planning and Development) of the Institute; (vi) have the power to settle rates not covered by tender and settle claims and disputes with contractors; (2) If, in the opinion of the Chairperson of the Building and Works Committee, any emergency has arisen which requires immediate action to be taken, he shall take such action and report the same to the Building and Works Committee, Finance Committee and the Board at their next meetings. (3) The Building and Works Committee shall also perform such functions and exercise such powers as may be entrusted by the Board, from time to time. 14. Powers of the Chairperson, Board of Governors.- In addition to the powers provided under the Act, the Chairperson of the Board shall have the following powers, namely:- (i) on the recommendations of the Selection Committee, fixing the initial pay of an incumbent at a stage higher than the minimum of the scale in respect of posts to which the appointments can be made by the Board under the provisions of the Act; (ii) deputing members of the staff, except the Director, of the Institute for training or for a course of instruction, outside India subject to such terms and conditions as may be laid down by the Board from time to time: Provided that the visit abroad by the Director shall be approved by the Chairman, National Institutes of Technology, Science Education and Research Council; (iii) he shall execute the contract of service between the Institute and the Director on behalf of the Central Government, but he shall not be personally liable of anything under such contract; and (iv) taking action in emergent cases and to inform the Board of such action for confirmation and ratification. 15. Travelling allowances and sitting fees.- The Members of the Board and other authorities of the Institute and members of the Committees constituted under the Act or these Statutes or appointed by the Board and other authorities shall be entitled to traveling allowance, daily allowance and sitting fee for attending the meetings of the authorities and their Committees as laid down by the Board from time to time. 16. Departments and Centres.- The Institute shall be organised into such number of Departments and Centres, to be known by such names, as the Board may, within the budgetary provision, approve from time to time, on the recommendations of the Senate. 17. The Director and his powers.- (1) The Director of the Institute shall be appointed by the Visitor on contract basis on the recommendation of a Search cum Selection Committee constituted by him consisting of at least five members. The Chairperson of the Council shall be its Chairperson and the Secretary of the Department of Higher Education or his representative shall be one its members besides three other experts in the field of technical education with experience at national and international level. (2) The Director shall be appointed for a period of five years and shall be governed by the terms and conditions of the Contract of Service entered into between the Institute and the Director in the form specified in Schedule’A.’ (3) Subject to the budget provisions made for the specific purpose, the Director shall have the power to incur expenditure in accordance with the procedure as may be laid down in the ordinances. (4) The Director shall have the power to appropriate funds with respect to different items constituting the recurring budget up to a limit specified for the Head of Department in the Central Government for each item: Provided that such appropriation shall not involve any increase in the budget and any liability in future years: Provided further that every such appropriation shall, as soon as possible, be reported to the Board. (5) The Director shall have the power to write off irrecoverable losses up to a limit of ten thousand rupees and of irrecoverable value of store items lost or rendered unserviceable due to normal wear and tear or obsolete up to a limit of twenty five thousand rupees subject to such stipulations as may be made by the Board from time to time. (6) The Director shall have the power to donate obsolete equipment or store items, as identified by a Committee constituted for this purpose by the Director, to any educational institution in the vicinity of the Institute up to such limits as may be decided by the Board from time to time. (7) The Director, where he is the appointing authority, shall have the power to fix, on the recommendations of the Selection Committee, the initial pay of an incumbent at a stage higher than the minimum of the scale, but not involving more than five increments, in respect of posts to which appointment may be made by him under the powers vested in him by the provision of the Act or these Statutes. (8) The Director shall have the power to employ Teaching Supporting Staff in the Laboratories, Technicians or Technical Instructors and Skilled Workmen, paid from contingencies from time to time, for not more than one year on such remuneration as may be decided by the Board. (9) The Director shall have the power to send members of the staff for training or to attend course of instruction inside India subject to such terms and conditions as may be specified by the ordinances. (10) The Director shall have the power to sanction temporary allocation of any building for any purpose other than that for which it was constructed. (11) If for any reason the Registrar is temporarily absent for a period not exceeding one month, the Director may take over or assign to any faculty member or member of staff of the Institute, any of the functions of the Registrar as he deems fit: Provided that if at any time the temporary absence of the Registrar exceeds one month, the Board may, if it thinks fit, authorise the Director to take over or assign the functions of the Registrar, for a period exceeding one month. (12) All contracts for and on behalf of the Institute except the one between the Institute and the Director shall when authorised by a resolution of the Board passed in that behalf in writing and expressed to be made in the name of the Institute and every such contract shall be executed on behalf of the Institute by the Director, but the Director shall not be personally liable in respect of anything under such contract. (13) The Director may, during his absence from headquarters, specifically authorise in writing the Deputy Director or in his absence, one of the Deans or the Senior most Professor present to sanction advances for travelling allowance, contingencies and medical treatment of the staff and sign and counter-sign bills on his behalf. (14) The Director may, at his discretion, constitute such Committees, as he may consider appropriate for smooth functioning of the Institute. (15) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise or in the event of the Chairperson being unable to discharge his functions owing to absence, illness or any other cause, the Director may discharge the functions assigned to the Chairperson under section 16 of the Act. (16) The Director may, with the approval of the Board delegate any o