The Dhirubhai Ambani Institute of Information and Communication Technology Act, 2003

GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT GUJARAT ACT NO. 6 OF 2003 THE DHIRUBHAI AMBANI INSTITUTE OF INFORMATION AND COMMUNICATION TECHNOLOGY ACT, 2003. [As modified upto 31st May, 2012] [2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 THE DHIRUBHAI AMBANI INSTITUTE OF INFORMATION AND COMMUNICATION TECHNOLOGY ACT, 2004. CONTENTS. PREAMBLE. Sections. Page No. 1. Short title and commencement. 1 2. Definitions. 2 3. Establishment and incorporation of University. 3 4. Objects of the Institute. 4 5. Institute open to all irrespective of sex, religion, class, 4 creed or opinion. 6. Powers and functions of the Institute. 5 7. President. 9 8. Authorities of Institute. 9 9. Officers of Institute. 9 10. Board of Governors. 9 11. Chairman of the Board. 10 12. Powers and functions of the Board. 10 13. Terms of office and vacancies among members of the Board. 11 14. Academic Council. 12 15. Powers and functions of Academic Council. 12 16. Finance Committee. 13 17. Powers and functions of Finance Committee. 13 18. Director. 14 19. Powers and duties of the Director. 15 20. Executive Registrar. 16 21. The Deans. 17 22. Permanent Endowment Fund of the Institute. 17 23. Payment to Institute. 18 24. Funds of Institute. 18 25. Accounts and audit 18 26. Pension and Provident Funds. 19 27. Acts and proceedings not to be invalidated by vacancies. 20 2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 Sections. Page No. 28. Conferment of degrees, diplomas and grant of certificates 20 by the Institute. 29. Returns and Information. 20 30. Management of the Institute on dissolution of the Trust. 20 31. Powers of the State Government. 20 32. Regulations. 21 33. Removal of difficulties at the commencement. 23 34. Transitory Provisions. 23 35. Indemnity. 24 [2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 GUJARAT ACT NO. 6 OF 2003. 1  [THE DHIRUBHAI AMBANI INSTITUTE OF INFORMATION AND COMMUNICATION TECHNOLOGY ACT, 2004] [6th March, 2003] AN ACT to provide for the establishment of the Dhirubhai Ambani Institute of Information and Communication Technology, Gujarat by law and to confer the status of a University thereon and for matters connected therewith or incidental thereto. It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:- Short title and 1. (1) This Act may be called the Dhirubhai Ambani Institute of Information and commencement. Communication Technology Act, 2003, (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires, Definitions. (a) "Academic Council" means the Academic Council of the Institute constituted under section 14; (b) "Board " means the Board of Governors of the institute constituted under section 10; (c) "Chairman" means the Chairman of the Board appointed under section 11; (d) "Deans" mean the Deans of the Institute appointed under section 21; (e) "Director" means the Director of the Institute appointed under section 18; (f) "Executive Registrar" means Executive Registrar of the Institute appointed under section 20; (g) "Finance Committee" means Finance Committee of the Institute constituted under section 16; 2[* * * * * * * * *] (i) "Institute" means the Dhirubhai Ambani Institute of Information and Communication Technology, Gandhinagar, Gujarat a University established under section 3; (j) "Patron Trustee" means the Patron Trustee of 3[the Dhirubhai Ambani Memorial trust, Mumbai]; (k) "President" means the President of the Institute appointed under section 7; (l) "prescribed" means prescribed by the regulations; (m) "Regulations" means the Regulations of the Institute made under section 32; (n) "Society" means the Dhirubhai Ambani Institute of Information and XXI of 1860. Communication Technology Society, Gandhinagar, a society registered, under the Societies Registration Act, 1860; (o) "Trust" means the Dhirubhai Ambani Institute of Information and XXI of 1860. Communication Technology Society, Gandhinagar registered under the Societies Registration Act, 1860 and the Bombay Public Trust Act, 1950. Bom. 29 of 1950. 2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 3. (1) There shall be established a University by the name of 'The Dhirubhai Establishment and incorporation of Ambani Institute of Information and Communication Technology, University. Gandhinagar, Gujarat". (2) The President, the Board, the Academic Council, the Director, the Dean, the Executive Registrar and all other persons who may hereafter become such officers or members so long as they continue to hold such office or membership, are hereby constitute a body corporate by "The Dhirubhai Ambani Institute of Information and Communication Technology, Gandhinagar, Gujarat". (3) The Institute shall function, as a non-affiliating University established under this Act, and it shall not affiliate any other college or institute for the award conferment of degree, diploma and certificate of its degree to the students admitted therein. (4) The Institute shall not have any grant in aid or other financial assistance from the Central Government, any State Government, University Grants Commission, All India Council for Technical Education or any other authority or institutions of the Central Government or any State Government. (5) The Institute shall be a body corporate by the name aforesaid, having perpetual succession and common sea! with power, subject to the provisions of this Act, to acquire and hold property, to contract and shall, by the said name, sue and be sued. (6) In all suits and other legal proceedings by or against the institute, the pleadings shall be signed and verified by the Executive Registrar and all processes in such suits and proceeding shall be issued to, and served on, the Executive Registrar. (7) "The headquarters of the Institute shall be at Gandhinagar, Gujarat. 4. The objects of the Institute shall be to develop a culture for and bring about an Objects of the awareness of information and Communication Technology and to actively participate Institute. in the formulation and implementation of a National Action Plan for Information Technology. The objects of the Institute shall be as follows, namely ;- (i) to create centres of excellence for imparting state-of-the-art education, training and research in the fields of information and communication technology; (ii) to create capabilities for development of multimedia content and its distribution; (iii) to create capabilities for upgrading information and communication technology infrastructure to the global standards; (iv) to develop patterns of teaching and training at various levels of educational accomplishment so as to set a high standard of information and communication technology education and its applications: (v) to function as a learning resource centre for knowledge management and entrepreneurship development in the area of information and communication technology; (vi) to provide for inter-relationships for national and global participation in the field of information and communication technology and its allied fields; and (vii) establish close linkage, with industry to make teaching, training, and research at the Institute relevant to the needs of the economy, at national and global level. [2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 Institute open to all 5. (1) No person shall be excluded from any office of the University or from irrespective of sex, membership of any of its authorities or from admission to any degree, religion, class, creed or opinion. diploma or other academic distinction or course of study on the sole ground of sex, race, creed, caste, class, place of birth, religious belief or political or other opinion. (2) It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, caste, class, place of birth, religious belief or profession of political or other opinion in order to entitle him to be admitted as a teacher or a student or to hold any office or post in the institute or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privileges of the institute or any benefaction thereof. Powers and 6. Subject to the provisions of this Act, the Institute shall exercise the following functions of the powers and perform the following functions, namely:- Institute. (i) to administer and manage the Institute and such centres for research, education and instruction as are necessary for the furtherance of the objects of the Institute; (ii) to provide for instruction, training and research in such branches of knowledge or learning pertaining to information and communication technology and allied areas and for the advancement and dissemination of information and communication technology and allied areas; (iii) to conduct innovative experiments in new methods and technologies in the field of information and communication technology in order to achieve international standards of such education, training and research; (iv) to prescribe courses and curricula and provide for flexibility in the education system and delivery methodologies including electronic and distance learning; (v) to hold examinations through electronic mode also and confer degrees, diplomas or grant certificates, and other academic distinctions or titles on persons subject to such conditions as the Institute may determine, and to withdraw or cancel any such degrees, diplomas, certificates, or other academic distinctions or titles in the manner prescribed by the Regulations; (vi) to confer honorary degrees or other distinctions in the manner prescribed by the Regulations; (vii) to establish such special centers, specialized study centers or other units for research and instruction as are, in the opinion of the Institute, necessary for the furtherance of its objects; (viii) to provide for printing, reproduction and publication of research and other works and to organise exhibitions; (ix) to sponsor and undertake research in all aspects of information and communication technology and allied areas; (x) to collaborate or associate with, advise, administer, control, develop, maintain, or take over by way of merger or otherwise, any educational institution with like or similar objects; (xi) to develop and maintain linkages with educational or other institutions in any part of the world having objects wholly or partially similar to those of the Institute, through exchange of teachers and scholars, and generally in such manner as may be conducive to their common objects; (xii) to develop and maintain relationships with teachers, researchers, and domain experts in information and communication technology and allied areas in any part of the world for achieving the objects of the Institute; 2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 (xiii) to regulate the expenditure and to manage the finances and to maintain accounts of the Institute; (xiv) to receive funds from industry, national and international organisations or any other source as gifts, donations, benefactions, bequests and by transfers of movable and immovable properties, for the purposes and objects of the Institute; (xv) to establish, maintain and manage halls and hostels for the residence of students; (xvi) to supervise and control the residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health and genera! welfare and cultural activities; (xvii) to fix, demand and receive or recover fees and such other charges as may be prescribed by the Regulations; (xviii) to institute and award fellowships, scholarships, prizes, medals and other awards; (xix) to purchase or to take on lease or accept as gifts or otherwise any land or building or works which may be necessary or convenient for the purpose of the Institute and on such terms and conditions as it may think fit and proper and to construct or alter and maintain any such building or works; (xx) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the institute, movable or immovable, on such terms as it may think fit and consistent with the interest, activities and objects of the Institute; (xxi) to draw and accept, to make and endorse, to discount and negotiate, Government of India and other promissory notes, bills of exchange, cheques or other negotiable instruments; (xxii) to raise and borrow money on bond, mortgages, promissory notes or other obligations or securities founded or based upon ail or any of the properties and assets of the Institute or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the Institute, all expenses incidental to the raising of money, and to repay and redeem any money borrowed; (xxiii) to invest the funds of the Institute in or upon such securities and transpose any investment from time to time in such manner as it may deem fit; (xxiv) to execute conveyances regarding transfers, mortgages, leases, licenses, agreements and other conveyances in respect of property, movable or immovable including Government securities belonging to the Institute or to be acquired for the purpose of the Institute; (xxv) to admit the students for the courses offered by the Institute in the manner prescribed by the Regulations; (xxvi) to create academic, technical, administrative, ministerial and other posts and to make appointments thereto; (xxvii) to regulate and enforce discipline among the employees of the Institute and to provide for such disciplinary measures as may be prescribed by the Regulations; (xxviii) to institute professorship, associate professorship, assistant professorship, readerships, lecturerships, and any other teaching, academic or research posts and to prescribe qualifications for them; [2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 (xxix) to appoint persons as professors, associate professors, assistant professors, readers, lecturers or otherwise as teachers and researchers of the Institute; (xxx) subject to the provisions of this Act and regulations, any officer or authority of the Institute may, by order, delegate his or its powers except the power to make regulations to any other officer or authority under his or its control and subject to the condition that the ultimate responsibility for the exercise of the power so delegated shall continue to vest in the officer or authority delegating them; (xxxi) to do all such other acts and things as the Institute may consider necessary, conducive or incidental to the attainment or enlargement of all or any of the objects of the Institute. President 7. (1) The Patron Trustee of 4[the Dhirubhai Ambani Memorial Trust, Mumbai] shall be the President of the Institute for life at his pleasure. He may at his pleasure designate any other permanent Trustee of the Trust to be the President of the Institute. (2) The President shall have, subjects to the provisions of this Act, power to cause an inspection or review to be made by such person or persons as he may direct, of the Institute, its buildings, libraries, equipment and systems and processes and of any institution or centre maintained by the Institute, and also of the examinations, teaching, research and other work conducted or done by the Institute and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the Institute. Authorities of 8. The following shall be the authorities of the Institute, namely:- Institute. (a) the Board; (b) the Academic Council; (c) the Finance Committee; and (d) such other authorities as may be declared by the Regulations to be authorities of the Institute. Officers of Institute. 9. The following shall be the officers of the Institute, namely:- (a) the Director, (b) the Deans, (c) the Executive Registrar, and (d) such other persons as may be declared by the Regulations to be officers of the institute. Board of 10. (1) The Board of Governors of the institute shall consist of the following Governors. members, namely:- (i) The President shall be the Chairman of the Board; (ii) two representatives of the Trust; (iii) Director of the Institute; (iv) two Deans of the Institute, by rotation, to be nominated by the Director; 5[(iv-a) Secretary to Government (Higher and Technical Education), Education Department, Government of Gujarat.]. 2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 (v) Secretary to Government, Science and Technology Department, Government of Gujarat ; (vi) three experts academicians to be nominated by the President; (vii) three experts representing other disciplines such as finance, legal, management, humanities to be nominated by the President; and (viii) two representatives of the Industries to be nominated by the President. (2) The Executive Registrar shall be the Secretary of the Board. 11. (1) The Chairman shall preside over at the meetings of the Board and at the Chairman of the Board. convocations of the Institute. (2) The Chairman shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Regulations. 12. (1) Subject to the provisions of this Act, the Board shall be responsible for the Powers and functions of the general superintendence, direction and control of the affairs of the Institute Board. and shall exercise all the powers of the Institute, and shall have the power to review the acts of the Academic Council and the . Finance Committee. (2) Without prejudice to the provisions of sub-section (1), the Board shall have the following powers and functions, namely :- (i) to take decisions on question of policy relating to the administration and working of the Institute; (ii) to Institute courses of study at the Institute; (iii) to make Regulations; (iv) to consider and approve the annual report, and the annual accounts of the Institute for every financial year; (v) to invest monies and funds of the Institute and take decisions on the recommendations of the Finance Committee; (vi) to publish or finance the publication of studies, treaties, books, periodicals, reports and other literature and to sell or arrange for the sale as it may deem fit from time to time; (vii) to create or abolish posts of teachers and ether employees of the Institute; (viii) to appoint such, committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act; (ix) to delegate any of its powers to the Director, Deans, Executive Registrar, or any other officer, employee or authority of the Institute or to a committee appointed by it; and (x) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by this Act or the Regulations, and all such other powers for achieving the objects of the Institute. Terms of office and 13. (1) Save as otherwise provided in this section, the term of nominated vacancies among members of the Board shall be three years from the date of nomination; members of the Board. [2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 (2) an ex-officio member shall continue so long as he holds the office by virtue of which he is such member; (3) any vacancy in the Board occurring before the next reconstitution or before the expiry of the prescribed period shall be filled by nomination of another person by the President; (4) a member nominated under sub-section (3) shall continue for the reminder of the term of a member in whose place he is nominated; (5) an outgoing member shall be eligible for re-nomination for the next term; (6) a member may resign his office by writing under his hand addressed to the President but he shall continue in office until his resignation has been accepted by the President. 14. (1) The Academic Council of the Institute shall consist of the following Academic Council. members, namely: - (i) the Director of the institute, ex officio, who shall be the Chairman of the Academic Council; (ii) two academicians or professions to be nominated by the Board; (iii) two external academicians or professionals in the area of information and communication technology, to be nominated by the Director; (iv) two Deans of the Institute, by rotation to be nominated by the Director; (v) one Professor from each discipline of the Institute, by rotation to be nominated by the Director; and (vi) the Executive Registrar who shall be the non-member Secretary of the Council. (2) The term of office of the members other than the ex-officio member shall be three years. 15. Subject to the provisions of this Act, and the Regulations, the Academic Council Powers and functions of of the Institute shall have the following powers, namely:- Academic Council. (i) to exercise control and general regulation over the academic policies of the institute and be. responsible for the maintenance and improvement of standards of instruction, education and evaluation in the Institute; (ii) to consider matters of general academic interest either on its own initiative or on a reference from the Faculty of the Institute or the Board and to take appropriate action thereon; (iii) to recommend to the Board such Regulations as are consistent with this Act regarding the academic functioning of the Institute including discipline of students; and (iv) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Regulations. 16. (1) The Finance Committee shall consist of the following members, namely:- Finance Committee. (i) the Director of the Institute ex-officio shall be the Chairman of the Committee; (ii) one Member of the Board to be nominated by the President; 2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 (iii) one Dean of the Institute by rotation to be nominated by the Director; (iv) one expert to be nominated by the President; and (v) the Executive Registrar shall be the non-member Secretary of the Committee. (2) The term of office of the members other than the ex-officio member shall be three years. 17. Subject to the other provisions of this Act, the Finance Committee shall exercise Powers and the following powers and perform the following functions, namely:- functions of Finance Committee. (i) to examine the annual accounts and annual budget estimates of the Institute and advise the Board thereon; (ii) to review the financial position of the institute from, time to time; (iii) to make recommendations to the Board on all financial policy matters of the Institute; (iv) to make recommendations to the Board on all proposals involving raising of funds, receipts and expenditure; (v) to provide guidelines for investment of surplus funds; (vi) to make recommendations to the Board on all proposals involving expenditure for which no provision has been made in the budget or for which expenditure in excess of the amount provided in the budget has been incurred; (vii) to examine all proposals relating to revision of scale, upgradation of the scale and those items which are not included in the budget, before they are placed before the Board; and (viii) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Regulations. Director. 18. (a) The Director shall be appointed by the Board out of the panel of names recommended from time to time by the Committee consisting of the following members, namely:- (i) an eminent technologist to be nominated by the President; (ii) an eminent educationist to be nominated by the President; and (iii) one member of the Board to be nominated by the President. (b) The President shall designate one member as the Chairman of the Committee, (c) The term of office of the Director shall be determined by the Board for the period not exceeding five years. (d) Notwithstanding anything contained in clauses (a) and (c) of sub-section (1), the Director of the Institute holding the office at the commencement of this Act, shall be deemed to have been appointed as the first Director. (e) Where a vacancy in the office of Director occurs and it cannot be conveniently and expeditiously filled up in accordance with the provisions of clauses (a) and (c) of this section and if there is any emergency, the President, in consultation with the Board, may appoint any suitable person to be the Director and may, from time to time, extend the term for a period not exceeding one year. [2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 (f) The conditions of service of the Director, including salary allowances, leave, pension and provident fund shall be such as may be prescribed by the Board and until so prescribed, shall be determined by the President. Powers and duties 19. (1) The Director shall be the Chief Executive and Academic Officer of the of the Director. Institute. He shall preside over at the meetings of the Academic Council and Finance Committee. (2) Without prejudice to the generality of the provision contained in sub- section (1), the Director shall- (i) exercise general supervision and control over the affairs of the Institute; (ii) ensure implementation of the decisions of the authorities of the Institute; (iii) be responsible for imparting of instruction and maintenance of discipline in the Institute; and (iv) exercise such other powers and perform such other duties as may be assigned to him under this Act or the Regulations or as may be delegated to him by the Board or the President, as the case may be. (3) Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the Chairman or authority or body of the Institute empowered under this Act to deal with it, the Director may take such action as he may deem fit and shall forthwith report the action taken by him to the Chairman or authority or body of the Institute who or which, in the ordinary course, would have dealt with the matter: Provided that if such authority or other body is of the opinion that such action ought not have been taken by the Director, it may refer the matter to the Chairman who may either confirm the action taken by the Director or annul the same or modify it in such manner as he thinks fit, and thereupon it shall cease to have effect or as the case may be, shall take effect in such modified form; so however such modification or annulment shall be without prejudice to the validity of anything previously done by or under the orders of the Director. (4) Where the exercise of the power by the Director under sub-section (3) involves the appointment of any person, such appointment shall be confirmed by the competent authority empowered to approve such appointment, in accordance with the provisions of this Act and the Regulations, not later than six months from the date of order of the Director, otherwise the same shall cease to have effect on the expiration of a period of six months from the date of order of the Director, Executive 20. (1) The Executive Registrar shall be appointed by the Institute in such manner Registrar. and on such terms and conditions as may be prescribed by the Regulations. (2) The Executive Registrar shall exercise the following powers and perform following duties, namely :- (i) he shall be responsible for the custody of records, common seal, the funds of the Institute and such other property of the Institute; (ii) he shall place before the Board and other authorities of the Institute, all such information as may be necessary for transaction of its business; (iii) he shall be responsible to the Director for the proper discharge of his functions; 2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 (iv) he shall, subject to the control of the Director, be responsible for the administration and services of the Institute and conduct the examinations and make all other arrangements necessary therefor and be responsible for the execution of all processes connected therewith; (v) he shall attest and execute all documents on behalf of the Institute; and (vi) he shall exercise such other powers and perform such other duties as may be assigned to him under this Act, the Regulations or as may be delegated to him by the Board or the Director. 21. (1) The Deans of the Institute shall be appointed by the Director, with the The Deans. approval of the Chairman of the Board, from amongst the Faculty of the Institute. (2) The Deans shall assist the Director in managing the academic and other affairs of the Institute and shall exercise such powers and perform such functions as may be prescribed by the Regulations or be entrusted to them by the Director. 22. The Trust shall place funds at the disposal of the Institute to be called the Payment to Institute. Permanent Endowment Fund of a sum of five crores of rupees or a sum required for meeting the full operational expenditure of the Institute for three years, in long term interest bearing securities issued or guaranteed by the Central or State Government. On the termination of the involvement of the trust and after meeting the operational expenditure for three years, out of the Permanent Endowment Fund, if there is any unused balance that shall be paid back to the Trust. Permanent Endowment Fund of the institute. 23. The Trust may pay to the Institute from time to time such sums of money and in such manner as may be considered necessary for the exercise of its powers and discharge of its functions under this Act. 24. (1) The Institute shall have its own funds consisting of - Funds of Institute. (i) all monies provided by the Trust; (ii) all fees and other charges received by the Institute; (iii) all monies received by the Institute by way of grants, loans, gifts, donations, benefactions, bequests or transfers; (iv) all monies received by the Institute from the collaborating Industry in terms of the provisions of the Memorandum of Understanding between the Institute and the Industry, for establishment of sponsored chairs, fellowships and infrastructure facilities of the Institute; and (v) all monies received by the Institute in any other manner or from any other source. (2) All funds of the Institute shall be deposited in such banks or invested in such manner as the Board may decide on recommendation of the Finance Committee. (3) The funds of the Institute shall be applied towards the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its functions. 25. (1) The Institute shall maintain proper accounts and other relevant records, and prepare an annual statement of accounts, including the income and expenditure account and the balance sheet, in such form and in such manner as may be prescribed by the Regulations. Accounts and audit. [2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 (2) The Institute shall adopt a proper system of internal checks and balances and controls in the discharge of its finance, accounting and auditing functions as may be prescribed by the Regulations. (3) The Accounts of the Institute shall be audited not less than once per year by a statutory auditor who shall be a Chartered Accountant or a firm of Chartered Accountants as defined in the Chartered Accountant Act, 1949 who XXVII of 1949. shall be appointed by the Board. (4) The Accounts of the Institute certified by the person or firm so appointed or any other person authorised in this behalf together with the audit report thereon shall be placed before the Board and the Board may issue such instructions to the Institute in respect thereof as it deems fit and the Institute shall comply with such instructions. (5) The Accounts of the Institute shall be audited by an internal auditor who shall be a Chartered Accountant or a firm of Chartered Accountants appointed by the Board, to ensure concurrent audit of all books of accounts, and such periodic internal audit reports shall be placed before the Board for review. (6) The Institute shall prepare each year a report of its activities during the previous year and submit it in the form of an annual report to the Board for review and approval. Pension and 26. (1) The Institute shall, with approval of the Board, constitute for the benefit of provident funds its officers, teachers and other employees, in such manner and subject to such conditions, as may be prescribed by the Regulations, such schemes of pension, provident funds and insurance as it may deem fit, and also aid in establishment and support of the associations, institutions, funds, trusts and conveyance calculated to benefit the staff and the students of the Institute, (2) Where any such provident fund has been so constituted, the provisions of the Provident Funds Act, 1925, shall apply to such fund as if it were a XIX of 1925. Government Provident Fund. 27. No act or proceeding of the Board, or any authority of the Institute or any Acts and proceedings not to committee constituted under this Act or by the Regulations shall be questioned on the be invalidated by ground merely of the existence of any vacancy in or defect in the constitution of, the vacancies. Board, Authority or Committee of the Institute. 28. Notwithstanding anything contained in any other law for the time being in force, Conferment of degrees, diplomas and grant of the Institute shall have powers to confer degrees, diplomas and grant certificates, and certificates by the confer degrees and honorary degrees, and other academic distinctions and titles, as Institute. approved by the Board. Returns and 29. The Institute shall furnish to the State Government, University Grants information. Commission and other statutory authorities such reports, returns, statements and other information as may be required by them from time to time. 30. The trust shall give a notice of not less than six months period to the State Management of the Institute on Government of its intention to dissolve the trust. Upon receipt of any notice from the dissolution of the Trust, the State Government shall make arrangements for administration of the Trust. Institute from the date of dissolution of the Trust and until the last batch of students in regular courses of the Institute complete their courses. The expenditure for administration of the Institute during taken-over period of its management shall be met out of the Permanent Endowment Fund of the Institute. On dissolution of the Trust, this fund shall be in the form of a corpus fund. 31. The State Government shall have powers to issue directions from time to time as Powers of the State may be required to be followed by the Institute under the provisions of this Act, the Government. Regulations made thereunder and under any other law for the time being inforce. 2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 32. (1) Subject to the provisions of this Act, the Board shall have, in addition to Regulations. all other powers vested in it, the power to make Regulations to provide for the administration and management of the affairs of the Institute. (2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely:- (i) the summoning and holding of meetings of the authorities of the Institute, other than the First Meeting of the Board, and the quorum and conduct of business at such meetings; (ii) the power and functions to be exercised and discharged by the President of the Board of the Institute; (iii) the constitution, powers and duties of the authorities, bodies and other committees of the Institute established under this Act, the qualifications and disqualifications for membership of such authorities, term of office of the membership, appointment and removal of members thereof and other matters connected therewith; (iv) the procedure to be followed by the Board and any Committee or other body constituted under this Act or by the Regulations in the conduct of the business, exercise of the powers and discharge of the functions; (v) the procedure and criteria to be followed in establishing courses of study and admission of students; (vi) the procedure to be followed for enforcing discipline in the Institute; (vii) the management of the properties of the Institute; (viii) the degrees, diplomas, certificates and other academic distinctions and titles which may be conferred or granted by the Institute and withdrawal or cancellation of any such degrees, diplomas, certificates and other academic distinctions and titles and the requirements thereof; (ix) the conduct of examinations including the term of office and appointment of examiners; (x) the creation of posts of Professors, Associate Professors, Assistant Professors, Readers, Lecturers or equivalent academic designations or posts, officers and employees of the Institute, and the appointment of persons to such posts including the qualifications requisite therefor; (xi) the fees and other charges which may be paid to the Institute for the courses, training, facilities and services provided by it; (xii) the manner and conditions for constitution of insurance, pension and provident funds and such other schemes for the benefit of officers, teachers, and other employees of the Institute; (xiii) the terms and conditions applicable for association of the Institute with other institutions; (xiv) the preparation of budget estimates and maintenance of accounts; (xv) the mode of execution of contracts or agreement by or on behalf of the Institute; [2003 : Guj. 6 Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 (xvi) the classification and procedure for appointment of officers and staff of the Institute; (xvii) the terms and tenure of appointments, salaries and allowances, contractual services, rules of discipline and other conditions of service of the Director, other officers, teachers and employees of the Institute; (xviii) the terms and conditions governing deputation of officers and staff of the Institute; (xix) the powers and duties of the Director and other officers, teachers and employees of the Institute; (xx) the terms and conditions governing fellowship, scholarships, stipends, medals and prizes; (xxi) the authentication of the orders and decisions of the Board; (xxii) the matters relating to hostels and halls of residence including disciplinary control therein; and (xxiii) all matters which, by this Act, are to be or may be prescribed by the Regulations. Removal of 33. If any difficulty arises with respect to the establishment of the Institute or in difficulties at the connection with the first meeting of any authority of the Institute or otherwise in first commencement. giving effect to the provisions of this Act and, the Regulations, the President of the Institute may, at any time, before all authorities of the Institute have been constituted, by order, make any appointment or do anything consistent, so far as may be, with the provisions of this Act and the Regulations, which appear to him necessary or expedient for the purpose of removing the difficulty and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act and the Regulations: Provided that before making any such order the President may ascertain and consider the opinion of the Director and of such appropriate authority of the Institute as may have been constituted. Transitory 34. Notwithstanding anything contained in this Act,- provisions. (1) the Director may, with the prior approval of the President and subject to availability of funds, discharge all or any of the functions of the Institute for the purpose of carrying out the provisions of this Act and the Regulations and for that purpose may exercise any power or perform any duties which by this Act and the Regulations are to be exercised or performed by any authority of the Institute until such authority comes into existence as provided by this Act and the Regulations; (2) the Board of the Institute functioning as such immediately before the commencement of this Act shall continue to so function until the Board is constituted for the Institute under this Act, but on the constitution of the Board under this Act, the members of the Board holding office before such constitution shall cease to hold office; (3) the Academic Council of the Institute functioning as such immediately before the commencement of this Act shall continue to so function until the Academic Council is constituted for the Institute under this Act, but on the constitution of the Academic Council under this Act, the members of the Academic Council holding office before such constitution shall cease to hold office; (4) the Finance Committee of the Institute functioning as such immediately before the commencement of this Act shall continue to so function until the Finance Committee is constituted for the Institute under this Act, but on the constitution of the Finance Committee under this Act, the members of the 2003 : Guj. 6] Dhirubhai Ambani Institute of Information and Communication Technology Act, 2004 Finance Committee holding office before such constitution shall cease to hold office; (5) until the first Regulations of the Institute are made under this Act, the existing rules and regulations of the Dhirubhai Ambani Institute of information and Communication Technology Society, as approved by the Board as in force immediately before the commencement of this Act, shall continue to apply to the Institute, in so far as they are not inconsistent with the provisions of this Act. 35. No suit, prosecution or other legal proceedings shall lie against and no damages Indemnity. shall be claimed from the Institute, the Director, the authorities or officers of the Institute or any other person in respect of anything which is done in good faith or purporting to be done in pursuance of this Act or any Regulation made thereunder. ------------------- 1 For Statement of objects and reasons see Gujarat Government Gazette, Extraordinary, Part V, dated the 21st February, 2003, Pages 5-25 and 26.  This Act was assented to by the Governor on the 6th March, 2003. 2 Clause (h) was deleted by Guj. 19 of 2007, s. 2(1). 3 These words were substituted for the words “the Dhirubhai Ambani Foundation, Mumbai”, ibid., s. 2(2). 4 These words were substituted for the words “the Dhirubhai Ambani Foundation”, ibid., s. 3. 5 Clause (v-a) was inserted by Guj. 27 of 2006, s. 2.