The Rajiv Gandhi Science and Technology Commission Act, 2004
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
3. Establishment of Commission.
- (1) For the purposes of advancement, propagation and promotion of application of science and technology to the various problems faced by the society and to the developmental work, the State Government may, by notification in the Official Gazette, establish a Commission called "the Rajiv Gandhi Science and Technology Commission".
- (2) The Commission shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property movable, immovable and intellectual and to contract and may sue and be sued by the said name.
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
4. Constitution of Commission.
- (1) The Commission shall consist of,-
- (a) a Chairman, to be appointed by the Government, who shall be a person who is an eminent scientist having wide and varied experience in application of developments in science and technology for the solution of problems facing the society and preferably experience of socioeconomic analysis ;
- (b) a Member-Secretary, to be appointed by the Government, who shall be a person who is preferably a senior scientist having wide and varied experience in application of developments in science and technology to the solution of problems facing the society and preferably experience of socio-economic analysis. The Member-Secretary shall be the executive head of the Commission’s establishment. Selection of the person for appointment as a Member-Secretary may be done on the lines of the prevailing methods adopted by the Government of India for appointments to senior scientific positions, such as through a Search Committee, advertisement, etc. ;
- (c) not more than five other non-official members, to be appointed by the State Government, out of whom,-
- (i) not more than two members shall be from amongst persons who are experts in the field of science and technology and have proven record of experience of application of developments in science and technology for the benefit of the society ;
- (ii) at least one member shall be from the field of research and development in science and technology for the benefit of society ;
- (iii) the remaining members shall be chosen from amongst the persons-
- (A) who have knowledge of, or experience in, industry or agriculture ; or
- (B) who are members of the engineering profession: Provided that, not less than one-half of the non-official members shall be from amongst the persons who are not in the employment of the State Government, Central Government or any other State Government or their undertakings ;
- (d) the Chief Secretary, Secretary of Finance Department, Secretary of Planning Department and the Secretary-in-charge of Science and Technology, of the Government shall be the ex-officio members of the Commission : Provided that, Secretary of Finance Department shall be designated as the Member-Finance of the Commission. His views and opinion in the financial matters of the Commission shall, as far as possible, be accepted by the commission. In such cases, the decisions on financial matters could be taken by a simple majority of the members present. Where there is a difference of opinion between the views of the other members including the Chairman and the MemberFinance, the matter shall be decided by two-third majority of the members present.
- (2) The State Government shall notify the appointments of the members in the Official Gazette, and upon the publication of the names of the Chairman, Member-Secretary and not less than three members referred to in clause (c) of sub-section (2), the Commission shall be deemed to be duly constituted.
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
5. Term of office and conditions of appointments of Chairman and members.
- (1) The Chairman and non-official members shall be appointed for a term of five years and the term of five years shall be computed from the date of the constitution of the Commission under sub-section (2) of section 4 : Provided that, the five years term of the Chairman and all the non-official members shall be coterminus and shall be computed from the date of constitution of the Commission under sub-section (2) of section 4 irrespective of the later date of actual appointment of any of the remaining members : Provided further that, the Chairman and members shall be eligible for re-appointment.
- (2) The Chairman, Member-Secretary or a non-official member may, at any time, by writing in his own hand addressed to the Government, resign from the office of the Chairman, Member-Secretary or a member, as the case may be : Provided that, such office bearer shall continue in office until his resignation is accepted by the Government or for a period of one month from the date of resignation, whichever is earlier.
- (3) Notwithstanding anything contained in sub-section (1), the Government may, remove a person from the office of the Chairman, Member-Secretary or member, as the case may be, if that person,-
- (a) becomes an undischarged insolvent;
- (b) is convicted and sentenced to imprisonment for any offence, involving moral turpitude ;
- (c) becomes of unsound mind and stands so declared by ad hoc Medical Board appointed for the purpose;
- (d) refuses to act or becomes incapable of acting;
- (e) is, without obtaining leave of absence from the Commission, absent in three consecutive meetings of the Commission ;
- (f) in the opinion of the Government, has so abused the position of Chairman, Member-Secretary or member as to render that persons continuance in the office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such Chairman, Member-Secretary or member;
- (g) in the opinion of the Government, the standard of performance of such person is not found to be satisfactory or not upto the expected performance : Provided that, no person shall be removed under clause (f) or (g), unless that person has been given a reasonable opportunity to show cause in writing in the matter and a committee of experts specially constituted for the purpose by the Government recommends and approves such removal.
- (4) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may curtail the term of office of the Chairman and any or all non-official members holding office for the time being and appoint a new Chairman and other non-official members either for the remainder of the term or for a full term of five years, as the State Government may deem fit.
- (5) A vacancy caused under sub-section (2) or (3) or in any other manner, shall be filled in, as soon as may be,-
- (i) if such vacancy is in the office the Chairman, by a fresh nomination of any other member or any other person as the Chairman; and
- (ii) if such vacancy is in the office of a member, by making a fresh nomination of some person, and the member or person so nominated shall hold office as the Chairman or the member, as the case may be, for the remainder of the term of office of the person in whose vacancy such person has been nominated would have held office, if the vacancy had not occurred : Provided that, if the vacancy of a member other than that of the Chairman, occurs within six months preceding the date on which the term of office of the member expires, the vacancy may not be filled in.
- (6) The remuneration, allowances and other terms and conditions of service for the office of the Chairman and Member-Secretary shall be such as may be fixed by the State Government by an order issued in this behalf and in case of non-official members, the same shall be as may be prescribed.
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
6. Aims and objectives of Commission.
The main aims and objectives of the Commission shall be,-
- (a) to be an agent for change, development or advancement through inputs of science and technology ;
- (b) to function as the prime mover of stimulating horizontal interaction between the universities, research and development institutions and any other industries or institutions for developing and upgrading science and technology ;
- (c) to propagate application of science and technology through studies, adaptation of technology, formulating projects, by using the technology, field demonstration, imparting necessary training, publications and consultancy ;
- (d) to provide necessary seed capital and other inputs on identified projects for propagating application of science and technology;
- (e) to act as catalyst or facilitator for transfer of technology from laboratories and other research efforts to application of science and technology on a larger scale ;
- (f) to catalyze applications of innovations in line departments of the Government such as innovations in education sector to create knowledge based society, improving health services, etc., for sustained economic progress;
- (g) to create facilities, including equipments, for undertaking application related research and development in areas or disciplines where such facilities are not available in other institutions or are inadequate to the requirements ; and
- (h) any other activities for propagating application of science and technology.
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
7. Functions and Scope of Commission.
In furtherance of the aims and objectives of the Commission, the Commission shall perform all or any of the following functions, namely:-
- (a) undertake studies and surveys to identify the technology gaps, where there shall be special emphasis on agricultural surveys, items that affect rural economy, artisans cottage industries, small scale units, agro-based industries, building materials, horticulture, agriculture, economic exploitation of minor minerals, marine products and such other subject as the Commission may determine with a view to create value added products ;
- (b) identify and develop innovations in technologies and formulate projects for implementation;
- (c) project implementation and funding;
- (d) disseminate information about results of projects and other information through publications, visual media, films, mobile exhibitions or the like so as to ensure wider circulation ;
- (e) consultancy service about technologies or expertise developed by the Commission ;
- (f) conduct technology application oriented training programmes for the beneficiaries or the implementing agencies to upgrade skills and to inculcate scientific temper ;
- (g) provide financial and other support to organisations or institutions actively involved in identification or implementation or monitoring of the project of the Commission, which may also include funds for creation of hardware or equipment facilities in areas or disciplines where they do not already exist or are inadequate to the requirements ;
- (h) set up and supervise centres of excellence or institutes of excellence in science and technology or for specific purposes with a view to encourage creation of employment opportunities through science and technology ;
- (i) identify technology for non-conventional sources of energy that are replicable ;
- (j) any other activity in furtherance of the aims and objectives of the Commission : Provided that, the Commission may provide a limited support to relevant basic research, however the main role of the Commission shall be to promote application oriented research and development work and thereafter its utilisation on a wider scale and the Commission shall not undertake or promote any activity or activities which do not directly further this basic aim and objective of the Commission; and in particular, the Commission shall not,-
- (i) promote, support or fund any research which, if successful, will not have potential for direct application or adaptation ; and
- (ii) promote, support or fund any academic activities leading to grant of degree or diploma or recognition on completion of any study or project or procedure.
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
8. Method or procedure of working of Commission.
In pursuance of the aims and objectives and for discharging the functions assigned to the Commission, the Commission shall adopt the following method or procedure for identification, formulation and implementation of projects involving application of science and technology, namely:-
- (a) undertaking studies, both in house and sponsored, to identify the problem areas and potential areas for science and technology inputs ;
- (b) holding seminars, conferences, workshops and discussions for identifying technology gaps, suitable technologies, generating projects and review implementation of programmes ;
- (c) interaction with research institutions, universities, industries, Government agencies, professional bodies, field agencies, voluntary agencies, experts and others in the field of science and technology;
- (d) instituting mechanism for streamlining interaction between such institutions, bodies or agencies as are referred to in clause (c);
- (e) identification of institutions and experts for establishing technoeconomic viability of the projects and for implementation of projects;
- (f) project funding, monitoring and review ;
- (g) publication of results of successful projects and proven technologies, with a view to achieve multiplier or replication effect;
- (h) identify infrastructure gaps and promote or finance setting up of facilities that are not available in other institutions or are not adequate to the requirements ;
- (i) consultancy to Government agencies, industries, voluntary agencies and other organisations in providing science and technology inputs for implementation of their schemes and programmes;
- (j) supporting and encouraging initiative from the actual end users of innovations in science and technology;
- (k) mobilisation and utilisation of funds of line departments for mutually relevant projects ;
- (l) interaction with the institutions outside the country, and bilateral agencies and international development agencies for projects, programmes and finances.
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
9. Making use of facilities including manpower in existing institutions.
- (1) In discharge of its functions, the Commission may make use of the facilities that are available in any of the existing private or Government educational and the research and development organisations and, subject to the regulations framed in this behalf, the Commission shall work out arrangements to provide, to such institutions, financial support in lieu of their providing the facilities for the Commission or undertaking work on behalf of the Commission.
- (2) When the persons working in these institutions have devoted or are devoting their time to the projects undertaken on behalf of the Commission, the salary and other allowances of such persons for devoting such time may be reimbursed by the Commission to such institutions in accordance with the regulations.
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
10. Project Funding.
- (1) The Commission may provide suitable financial support to the institutions chosen for development of technology, formulation of projects, undertaking demonstration of projects, implementing the projects or any other functions of the Commission.
- (2) The Commission shall frame regulations, for identification of institutions and for providing financial support under sub-section (1) of such institutions.
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
11. Meetings of Commission.
The Commission shall meet as and when necessary and at such times and shall observe such procedure in regard to the transaction of business at its meetings as may be provided by regulations.
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
12. Officers and other employees of Commission.
- (1) The Commission may appoint or take on deputation, such other officers and employees including technical or project personnel as, in the opinion of the Commission, may be of necessary for the efficient performance of its functions under this Act. Such officers and other employees of the Commission shall consist of two categories, namely:-
- (a) Permanent staff.- consisting of administrative and secretarial officers and staff necessary for carrying out day to day working of the Commission, on a permanent basis ;
- (b) Temporary or project staff on adjunct, contractual or tenure appointment.- consisting of persons appointed on temporary basis either by way of adjunct appointment or on contractual basis for a specified project or on tenure basis for a specific period.
- (2) The posts of officers and other employees of the Commission referred to under clause (a) of sub-section (1) shall be created with the prior sanction of the Government.
- (3) The manner of appointment and the salaries, allowances and other terms and conditions of service of the officers and employees shall be such as may be determined by the Commission, subject to any general or special orders issued in this behalf by the Government.
Chapter II COMMISSION-CONSTITUTION, OBJECTIVES, FUNCTIONS, WORKING, STAFF, LOCATION AND MANAGEMENT
13. Overseeing Council.
- (1) The Government may, by notification in the Official Gazette, appoint an Overseeing Council for reviewing the work and performance of the Commission, for giving guidance and for providing policy guidelines for smooth and efficient functioning of the Commission.
- (2) The constitution of the Overseeing Council, its functions and duties shall be such as may be specified in such notification.
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