Chapter VI MISCELLANEOUS

Grants and loans.—The Government may, after due appropriation made by the Legislative Assembly by law in this behalf, make to the Institute grants and loans of such sums of money as the Government may consider necessary.

Annual Report.—(1) The annual report of the Institute shall be prepared under the direction of the Board and shall be submitted to the Government on or before such date as may be prescribed by the rules and shall be laid by the Government before the Legislative Assembly.

1. (2) The annual report shall include a statement of the accounts of the Institute and the report of the auditors thereon.

Accounts and audit

1. (1) The Institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet, in such form as may be prescribed by the Regulations in accordance with such general directions as may be issued by the Government.
2. (2) The accounts of the Institute shall be audited by an auditor to be appointed by the Board and such auditor shall be a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 or any other person as may be designated by the Government.
3. (3) The accounts of the Institute as certified by the auditor together with the audit report thereon shall be forwarded annually to the Government and the Government may issue such instructions to the Institute in respect thereof as it deems fit and the Institute shall comply with such instructions.

Pension and provident fund

1. (1) The Institute shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, provident and insurance funds as it may deem fit.
2. (2) Where any such provident fund has been so constituted, the Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such fund as if it were a Government provident fund.

Appointments

1. (1) All appointments of the officers and staff of the Institute shall be made in accordance with the procedure laid down in the Statutes.
2. (2) Every appointment of a teacher or other member of the staff shall be made by specific order in writing.

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

1. (a) the conferment of honorary degrees;
2. (b) the formation of departments of teaching;
3. (c) the institution of fellowships, scholarships, exhibitions, medals and prizes;
4. (d) the term of office and the method of appointment of officers of the Institute;
5. (e) the resignation of officers of the Institute;
6. (f) the designation of officers of the Institute who may authenticate orders and other instruments on behalf of the Institute;
7. (g) the constitution of pension, insurance or provident fund for the benefit of the officers, teachers and other staff of the Institute;
8. (h) the maintenance of discipline among the students of the Institute;
   • (i) the procedure of the meetings of the Board and the Senate;
9. (j) the delegation of powers vested in the authorities or officers of the Institute; and
10. (k) all other matters which by this Act are to be, or may be, provided for by the Statutes.

Statutes how made

1. (1) The first Statutes of the Institute shall be made by the Board with the approval of the Visitor.
2. (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 the Board shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the Institute until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Board.
3. (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit it to the Board for consideration.
4. (4) A new Statute or a change to the Statutes shall have no validity unless it has been assented to by the Visitor.

Ordinances

1. (1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:—
   • (a) the admission of the students to the Institute;
   • (b) the courses of study to be laid down for all degrees and diplomas 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 degrees and diplomas;
   • (d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes;
   • (e) the conditions of residence and duties of students of the Institute;
   • (f) the fees to be charged for courses of study in the Institute and for admission to the examinations of degrees and diplomas of the Institute;
   • (g) the conditions and mode of appointment and duties of examining bodies, examiners and moderators;
   • (h) the conduct of examinations;
     • (i) the maintenance of discipline among the students of the Institute; and
   • (j) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances.
2. (2) The first Ordinances of the Institute shall be made by the Director and the same may be amended or repealed at any time by the Board in such manner as may be prescribed by the Statutes.

Ordinances how made.—

1. (1) The Ordinances shall be made by the Senate.
2. (2) In particular and without prejudice to the generality of the foregoing power such Ordinances may provide for all or any of the following matters, namely:—
   • (a) the admission of the students to the institute;
   • (b) the courses of study to be laid down for all degrees and diplomas 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 degrees and diplomas;
   • (d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes;
   • (e) the conditions of residence of students of the institute and the levying of the fees for residence in halls and hostels and other charges;
   • (f) the fees to be charged for courses of study in the institute and for admission to the examinations, degrees and diplomas of the institute; and
   • (g) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances.

Tribunal of Arbitration.—

1. (1) Any dispute arising out of a contract between the institute and any employee of the institute shall, at the request of the employee concerned or at the instance of the institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Board, one member nominated by the employee concerned, and an umpire appointed by the Visitor.
2. (2) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court.
3. (3) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section
4. (1) to be referred to the Tribunal of Arbitration.
5. (4) The Tribunal of Arbitration shall have the power to regulate its own procedure: Provided that in regulating its procedure the Tribunal shall follow the principles of natural justice.
6. (5) Nothing in this section shall affect the provisions contained in the Industrial Disputes Act, 1947 (14 of 1947).

Acts or proceedings not to be invalidated by vacancies.— No act or proceeding of the Board or any authority of the Institute or any Committee constituted under this Act shall be questioned on the ground merely of the existence of any vacancy or defect in the constitution of the Board, authority or Committee of the Institute.

Protection of action taken in good faith.— No suit or other legal proceeding shall lie against any officer or employee of the Institute for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or any statutes or ordinances made thereunder.

Power to remove difficulties.

1. (1) 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 appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of the National Capital Territory of Delhi.

Transitional provisions. Notwithstanding anything contained in this Act,—

1. (a) the Board of Governors of the Indraprastha Institute of Information Technology, Delhi, functioning as such immediately before the commencement of this Act, shall continue to so function until a new Board of Governors is constituted in accordance with the provisions of this Act, but on the constitution of a new Board of Governors under this Act, the members of the Board of Governors holding office before such constitution shall cease to hold office;
2. (b) the Director of the Indraprastha Institute of Information Technology, Delhi, holding office as such immediately before the commencement of this Act, shall continue to hold office on the same terms and conditions as if the provisions of this Act had not been enacted until a new Director is appointed in accordance with the provisions of this Act.