Statutes - National Institute of Technology (NIT) With Latest Amendments

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National Institute of Technology (NIT) Statutes with Latest Amendments



 


MINISTRY OF HUMAN RESOURCE DEVELOPMENT

(Department of Higher Education)

NOTIFICATION

New Delhi, the 23rd April, 2009


G.S. R. 280(E). — In exercise of powers conferred by sub-section (1 ) of section 26 of the National Institutes of Technology Act, 2007, (29 of 2007) the Central Government, with the prior approval of the Visitor, hereby frames the following First Statutes for all National Institutes of Technology, namely

    1.  SHORT TITLE, EXTENT, AND COMMENCEMENT

(1) These Statutes may be called the First Statutes of the National Institutes of Technology (Amendment) Statutes, 2017.

(2)  They shall apply to all National Institutes of Technology.

(3)  They shall come into force on the date of their publication in the Official Gazette.



2. DEFINITIONS

In these First Statutes, unless the context otherwise requires,


(a) "Act" means the National Institutes ofTechnologyAct, 2007;


(b) "Authorities", "Officers" and "Faculty Members" in relation to an Institute mean, respectively, the authorities, officers and faculty members of the Institute.

(c) "Building and Works Committee" means the Building and Works Committee of the Institute constituted under First Statute No 12.

(d) "Centre" in relation to an Institute means an academic unit of the Institute engaged in academic activities (Ike teaching, research, etc.) generally of an inter-disciplinary nature;

(e) "Department in relation to an Institute means an academic unit of the Institute engaged in academic activities (like teaching, research, etc) generally relating to a particular discipline or area.

(f) "Finance Committee" means the Finance Committee of the Institute constituted under First Statute No. 10;

(g) "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 First Statute No. 20;

(h) "Programme" means an academic programme of the Institute;

(i)  "rules" means the rules made under Chapter-lll of the Act;

(j)  "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 First Statute 10; and

(iv) the Building and Works Committee was constituted under First Statute No. 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-statue ( 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 fr)rm 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.

(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 maybe delivered either by hand or sent by registered post or Email 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 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 must 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 should 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 Boards shall be empowered:

(i)  to abolish, re-designate or change the nomenclature of any post in the institute;

(ii) to make, modify or cancel the statutes with the approval of the visitor from time to time:

Provided that the new Statute, additions or amendments of existing Statutes shall be applicable only after the assent of the visitor;

(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 (or) Statutes.



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 Director, the Registrar or any person-authorised by the Board on 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) Requisition meeting shall be a special meeting to discuss only those items of agenda far which requisition is given and shall necessarily be chaired by the Director and the requisition meeting shall be convened by the Chairman of the Senate 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 absence of the Director, Deputy Director shall preside and in the absence of both the Director and the Deputy Director, the senior most shall preside at 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 3 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 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 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 any such minutes shall not be circulated if the Senate considers such circulation prejudicial to the interests of the Institute or the Government of India.

(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 Chairman 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.



8. POWERS OF THE SENATE

Subject to the provisions of the Act, the Senate shall have the power 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 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 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); supervise the working of the Library of the Institute ;

(viii) make recommendations to the Board to disseminate knowledge through distance learning mode to various parts of the State or country or abroad and in the cases of signing of agreement with the foreign agency, agreement may be signed with the approval of the Ministry; 

(ix) Provide for the inspection of the class rooms, Laboratories, Library and the Residential Hostels;

(x) Planco-curricular activities of the students of the Institute;

(xi) Award stipends, scholarships, medals and prizes and makes other awards if accordance with such conditions as may be attached to the awards;

(xii) Make recommendations to the Board with regard to the creation or restructuring of Departments or Programmes or Centres and the abolition of existing Departments orcentres thereof;

“(xiii) make recommendations to the Board to disseminate knowledge through distance learning mode to various parts of the State or country or abroad and in the cases of signing of agreement with the foreign agency, agreement may be signed with the approval of the Ministry;”.

(xiv) Invite up to two student representatives during discussion of general nature not involving policy 0— 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 for each Institute consisting of the following members, namely:

(i)  The Chairperson 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 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 First 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 scrutinize the annual budget of the Institute prepared by the Directorand make recommendations to the Board; and

(ii) give its views and make its recommendations 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 of the Institute, consisting of following members, namely: 

(i) the Director, ex-officio Chairman;

(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 the 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 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 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 minutes 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 proposals or proposals which require 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 shall carry on 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 and the Board will 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. 

(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 (P&D) 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 Chairman of the Guiding 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 And The Board at their next meeting.

(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 in the Act, the Chairperson of the Board of Governors shall have the following powers, namely:-

(i) he 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 in respect of posts to which the appointments can be made by the Board under the provisions of theAct;

(ii) he shall have the power to send 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 and the visit abroad by the Director shall be approved by the Chairman, National Institutes of Technology 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 for anything under such contract; and”. 

(iv) In emergent cases the Chairperson may exercise the powers of the Board and inform the Board of the action taken by him for confirmation and ratification.

15. TRAVELLING ALLOWANCES OF MEMBERS OF THE AUTHORITIES OF INSTITUTE

Members of the Board and other authorities of the Institute and members of the Committees constituted under the Actor these Statutes or appointed by the Board and other authorities shall be entitled to travelling 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 organized into such a 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 recommendations 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 of 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 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 riot involving more that five increments, in respect of posts to which appointment tan 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 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 a 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 function of the Registrar, for a period exceeding one month.

(12) All contracts far 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 be in writing and be 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 authorised 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 countersign bills on his behalf.

(14) The Director may, at his discretion constitute such committees, as he may consider appropriate fr)r 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, tile Director may discharge the functions assigned to the Chairperson under section 16 of theAct.

(16) The Director may, with the approval of the Board, delegate any of his powers, authorities or responsibilities vested in him by virtue of the Act and Statutes to one or more members of Academic or Administrative Staff of the Institute.

(17) The disciplinary powers for the Director of the Institute shall be decided by the Board of Governors of the respective National Institute of Technology from time to time.


18. THE DEPUTY DIRECTOR

(1) The appointment of the Deputy Director shall be made by the Board on the recommendations of the Selection Committee constituted in terms of provisions under Statutes 23 (5) (a) of the First Statutes of National Institutes of Technology. 

(2)  The appointment shall be for a period of three years initially which may be extended by two times for one year each on recommendation of the Board.

(3)  The Deputy Director shall be governed by the terms and conditions of the Contract of Service entered into between the Institute and the Deputy Directorin the farm specified in Schedule- B.

(4)  The Deputy Director shall have all the powers of the Director during the vacancy in the post of Director of the Institute.

(5)  The Deputy Director shall assist the Director in academic and administrative work and in maintaining liaison with other institutions of higher learning and research, and also with industrial undertakings and other employers.


19. DEANS

(1)  The Institute shall establish not more than six Deanships.

(2) The Director shall appoint the Deans with intimation to the Chairperson, Board of Governors.

(3)  The Dean shall hold his post for two years extendable by one more year.

(4)   Only Professors or Associate Professors shall be eligible for becoming Deans.

(5)   Broad functions of Deans are enumerated in the Schedule


20. HEAD OF THE DEPARTMENT OR CENTRE

(1)  Each Department and Centre of the Institute shall be placed in charge of a Head who shall be selected by the Director from amongst the Professors and Associate Professors of that Department or Centre:

Provided that if a Department or Centre has no Professor or Associate Professor, the Director may appoint an Assistant  of that Department or Centre to head the Department or Centre.

(2)  The Head of a Department or Centre shall hold his post for a term of two years.

Provided that after the expiry of his term of office, he shall continue to hold office till the appointment of his successor:

Provided further that no person shall head a Department or Centre continuously for a period exceeding three years unless he IS specially appointed at least a second term.

(3) The Director may himself take temporary charge of a Department or place it under the charge of the Deputy Director or a Professor from another Department for a period not exceeding six months.

(4) The Head Of Department Shall be responsible for the entire working of the Departments object to the general control and supervision of the Director.

(5) The Head of Department shall be duty bound to see that the decisions of the authorities of the Institute and of the Director are faithfully carried out. He shall perform such other duties as may be assigned to him by the Director or Senate.

(6) When appointment to the post of Head of Department or Centre becomes due, the Director shall ascertain the willingness of the persons eligible to be appointed as Head, for being so appointed, and shall generally selecta person by rotation from among eligible and willing persons.

(7) Whenever it is proposed to deviate from the principle of rotation, such appointment shall be made only with the prior approval of the Chairperson, Board of Governors and for reasons to be recorded in writing and shall also be reported to the Senate and the Board, along with reasons for deviation , in their next meetings.


21. REGISTRAR

(1)  The Registrar shall be appointed for a fixed term of not exceeding five years on deputation or contract basis.

(2)  The Registrar shall act as Secretary of the Board, Senate and such other Committees to which he may be required by the Statutes to act as such.

(3) The review of performance of the Registrar upon completion of one year of service may be carried out by the Committee to be constituted by the Board.


22. CLASSIFICATION OF THE MEMBERS OF THE STAFF

(1)  Except in the case of employees paid from contingencies, the members of staff of the Institute shall be classified as under:

(i) Academic staff:- Director, Deputy Director, Professor, Associate Professor, Assistant Professor, Lecturer, Professor Training and Placement. and such other academic posts as may be decided by the Board from time to time;


(ii) Technical staff:- System Manager. System Analyst, Programmer, Librarian, Workshop Superintendent, Assistant Workshop Superintendent, Foreman, Technician, Instructor, Laboratory Assistant, Mechanic, Overseer, Technical Assistant, Draftsmen, and such other technical posts as may be decided by the Board from time to time; and 


iii. Administrative. and others staff:- Registrar, Deputy Registrar and Assistant Registrar, Accounts Officer, Audit Officer, Estate Officer, Executive Engineer. Assistant and Junior Engineer, Medical Officer, Medical Assistant, Horticultural Assistant/Officer, Office Superintendent, Security Officer, Stores Officer, Store Keeper, Office Assistants, Data Entry Operators and such other Administrative and other staff as may be decided by the Board from time to time.

(2)  Posts classified as Academic staff shall be vacation posts only.


23. APPOINTMENTS

(1)  The posts at the institute shall be filled by advertisement on all India basis:

Provided that the ratio between the Direct Recruitment and Promotion posts for posts other than that of the Director or the Deputy Director shall be as per the recruitment rules.

(2) The reservation of posts shall be in accordance with the rules of the Central Government.

(3) For the purposes of appointments in the Institute, the rules as approved by the Council or Central Government shall apply.

(4) The Selection Committees, for filling posts under the Institute (other than the posts on contract basis) by advertisement or by promotion from amongst the members of staff of the Institute, shall be constituted in such manner as laid down by the Central Government or Board from time to time by ordinances.

(5)  Selection Committees for filling up of posts under the Institute (other than on contract basis) by advertisement or by promotion from amongst the members of staff of the Institute shall be constituted in the following manner. namely:


(a) The qualification and other terms and conditions of appointment of Academic Staff (excluding Director), or promotion shall be as specified in Schedule 'E' and the Selection Committee for making recommendations for appointment of Academic Staff (excluding Director) shall consist of the following members, namely:- 

                  

                        

(1) Director or Deputy Director

Chairman

(2) Visitor's Nominee

Member

(3) Two nominees of the Board one being an expert, but other than a member of the board.

Member

(4) One expert nominee of the Senate from outside the institute.

Member

(5) Head of Department concerned (for other than the post of Professor)

Member


(b)  The Selection Committee forTechnical posts shall be as follows:


(1)   Director or Deputy Director  

Chairman

(2)   One Expert from outside the Institute

Member

(3) Nominee of Ministry of Human Resource Development

Member 

(4)  Concerned Head of Department

Member 

(5) Registrar

Member


(c)  The Selection Committee forAdministrative and Ministerial Staff shall be as under:


(1) Director or Deputy Director

Chairman

(2) One Expert from outside the Institute

Member

(3) Nominee of Ministry of Human Resource Development 

Member

(4) Registrar

Member


(d) The Selection Committee for Senior Administrative and other comparable posts carrying pay scale of Assistant Professor and above shall consist of the following members, namely:-


(1) Director or Deputy Director

Chairman

(2) One Expert from outside the Institute

Member

(3) Nominee of Ministry of Human Resource Development 

Member

(4) Nominee of Board

Member

(5) Registrar

Member


(6) The Registrar shall be substituted by another nominee of the Board in case the Selection is made for the Registrar or the equivalent post

(7)  In the absence of the Deputy Director, the Director may nominate any member of the staff of the Institute to be the member of the Selection Committees in his place.

(8) Where a post is to be filled on contract basis or by invitation, the Board may constitute such Ad Hoc Selection Committee, as circumstances of each case may require.

(8) Where a post is to be filled by promotion from amongst the members of the Institute or temporarily for a period not exceeding twelve months, the procedure for the same shall be as specified by ordinances.

(10) Notwithstanding anything contained in these Statutes, the Board shall have the power to make appointments of persons having special skill or knowledge to suit the emergent need of the department or centre and in such emergent situations, the appointments shall be for a period of twelve months. 

(11) If the post is to be filled by advertisement, the Registrar shall advertise the terms and conditions of the post and the screening committee for the purpose of short listing the eligible and most desirable candidates and shall screen all applications received within the date specified in the advertisement.

(12) At the time of interview, the Selection Committee shall examine credentials of all candidates who have been called for the interview, interview the eligible candidates and recommend the appointment of the most suitable candidate to the competent authority for approval.

(13) The recommendations of the Selection Committee shall remain valid for a period of one year from the date of interview and if for any reason the recommendations are not approved by the competent authority or appointment orders not issued after the approval of recommendations within the said period of one year, the recommendations shall lapse and fresh advertisement shall be issued.

(14) No act or proceedings of any Selection Committee shall be called in question on the ground merely of the absence of any member or members of the Selection Committee.


(15) Unless otherwise provided for under these Statutes, the Selection Committee constituted for the purpose of making recommendations for appointment to a post shall continue to exercise its functions in relation to that post till the appointment is made against that post.

(16) All appointments made at the Institute shall be reported to the Board at its next meeting.

(17) The applications of the employees eligible for promotion under Assured Career Progression (ACP) shall be considered by the Departmental Promotion Committees before any promotion or up-gradation is recommended.


(18) The Departmental Promotion Committee shall be as follows:


1. Director or Deputy Director

Chairman

2. Concerned Head of Department

Member

3. head of Department from other Department

Member

4. Registrar

Member



24. GENERAL TERMS AND CONDITIONS OF SERVICE OF PERMANENT EMPLOYEES

Permanent employees of the Institute shall be governed by the following terms and conditions:

(i) Subject to the provisions of the Act and the Statutes, all appointments to posts under the Institute shall be made on probation for a period of one year after which period the appointee, if confirmed, shall continue to hold his office subject to the provisions of the Act And The Statutes, till the end of the month in which he attains the prescribed maximum age for teaching posts, for technical non-teaching and ministerial and administrative posts as the case may be:


Provided that the appointing authority shall have the power to extend the period of probation of any employee of the Institute fr)r such periods it may deem fit.


(ii) The age of superannuation shall be as specified for various classes and categories of the employees of the institute by the Central Government. (iii) The Employees Of The Institute shall be entitled to allowances in addition to pay, as admissible to Central Government Employees.

(iv)   The employees of the Institute shall be entitled to reimbursement of medical expenses incurred on themselves and their families as perCentral Civil Services (Medical Attendance) Rules , 1944.

(v) The employees of the Institute shall be governed by the Central Civil Services (Conduct) Rules, 1964.

(vi) The employee appointed on or after 01.01.2004 shall be governed by the new pension scheme announced by the Government of India.

(vii) The application of the employees of the Institute shall be forwarded for employment outside the Institute only three times in a year in accordance with the procedure specified in Schedule- D.

(viii) The employees of the Institute will be entitled to Leave Travel Concession (LTC) as admissible to Central Government Employees.

(ix) Overtime and night allowance shall be paid to the eligible employee of the Institute as is admissible to the Central Government Employees.



25. CODE OF-CONDUCT FOR PERMANENT EMPLOYEES

The code of conduct for employees shall be made by each Institute in consultation with the Central Government and till such time the code of conduct for employees is framed, the Institute shall follow the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

26. SUSPENSION,PENALTIES,DISCIPLINARY PROCEEDINGS

The Central Civil Services (Classification, Control and Appeal) Rules, 1965 shall apply to all the employees.

(1) The Director may place a member of the staff appointed at the Institute under suspension 

(i) Where a disciplinary proceeding against him is contemplated or is pending;

or

(ii) Where a case against him in respect of any criminal offence is under investigation, inquiry or trial:

Provided that where a member of the staff is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours, such member of the staff shall be deemed to have been placed by an order of the competent authority under suspension from the date on which he was so detained.

(2) During the period of suspension, the member of the staff shall be entitled to the following payments, namely

(a) a subsistence allowance at an amount equal to the Leave Salary


which the staff member would have drawn had he been on leave on half pay and Dearness Allowance, if admissible on the basis of such leave salary

Provided that where the period of suspension exceeds six months, the Subsistence Allowance shall be as follows :

(i) the amount of subsistence allowance may be increased by a suitable amount not exceeding fifty percent of the subsistence allowance admissible during the period of the first six months, if, in the opinion of the Competent Authority the period of suspension has been prolonged for reasons to be recorded in writing , not directly attrib Citable to the employee concerned;

(ii) the amount of subsistence allowance may be reduced by a suitable amount, not exceeding fifty percent of the subsistence allowance admissible during the period of the first six months, if, in the opinion of the Competent Authority, the period of suspension has been prolonged due to reasons, to be recorded in. writing, directly attributable to the employee.

(b) The rate of dearness allowance will be based on the increased or as the case may be the decreased amount of subsistence allowance admissible under sub-statute 2.

(c) Any other compensatory allowance admissible from time to time on the basis of pay of which the staff member was in receipt of on the date of suspension subject to the fulfilment of other conditions laid down for the drawl of such allowances.

(3) No payment shall be made unless the staff member furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.

(4) The Board of Governors may, if it is of the opinion that the circumstances of the case do not warrant the suspension of the member of the staff, revoke such an order.

(5) The following penalties may be imposed on any employee:

(i) censure;

(ii) withholding of increments or pay; 

(iii) withholding of promotion;


(iv) recovery from his pay of the whole or part of any pecuniary loss caused to the Institute by negligence orb reach of orders;

(v) reduction to lower grade or post or to a lower time-scale of pay, or to a lower stage in a time-scale for a period of three years without cumulative effect and not adversely his pension (where ever applicable);

(vi) compulsory retirement;

(vii) removal from service which shall not be a disqualification for future employment under the Institute;

(viii) dismissal from service, which shall ordinarily be a disqualification for future employment under the Institute;

(6) No Order imposing on any member of the staff any of the penalties specified at (v) to (vii') above shall be passed by any authority subordinate to that by which he was appointed and except after an enquiry has been held and the member of the staff has been given reasonable opportunity of show cause against the action proposed to be taken in this regard.

(7) No order imposing on any member of the staff any of the penalties specified (i) to (iv) above shall be passed by any authority subordinate to that by which he was appointed and unless the member of the staff concerned has been given an opportunity to make a representation to the appointing authority:

Provided that the provisions of sub-statute (5) and (6) shall not apply to the following

(a) where an employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge;

(b) where the authority empowered to dismiss or remove the person or to reduce him in rank is satisfied that for some reason to be recorded by that authority in writing, it is not reasonably practicable to give to that person such opportunity; or

(c)  where the Visitor is satisfied that in the interest of the security of the State, it is not expedient to give to that person such opportunity.

(8) If, in respect of such person as aforesaid, any question arises whether it is reasonably practicable to give to an opportunity referred to under clause

(b), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank, as the case may be, shall be, final.

(9) A member The staff aggrieved yan order imposing a penalty passed by the Director against him shall be entitled to prefer an appeal to Board of Governors against the order and there shall be no further appeal from the decision of the Board.

(10) A member of the staff aggrieved by any order passed by the Board inflicting a penalty on him shall be entitled to prefer an appeal to the Visitor against such order.

(11) No appeal shall be entertained by the Board of Governors or the Visitor, as the case may be, unless it is made within a period three months from the date on which member of the staff aggrieved by such order receives a copy of the order appealed against:

Provided that the appellate authority may entertain the appeal after the expiry of the said period, 'if it is satisfied that the appellant has sufficient cause for not submitting the appeal in time.

(12) The authority to whom an appeal against an order imposing penalty lies may, of its own motion or otherwise call for the records of the case from the Directoror the Board, as the case may be, review any order passed in such a case and pass such orders as it deems fit.

(13) Notwithstanding anything contained in this Statute, the Visitor may, on his own motion or otherwise after calling for the records of the case, review any order which is made under this Statute, and (a) confirm, modify or set aside the order;

(b)  impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;

(c) remit the case to the authority which made the order or to any other authority directing such further action or enquiry as he considers proper in the circumstances of the case, or

(d)  pass such other orders as he deems fit:

Provided that an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty.

(14) (a) When a member of the staff of the Institute who has been dismissed , removed or suspended is reinstated, the authority competent to order the reinstatement shall consider and make a specific order:-

(i) regarding the pay and allowances to be paid to the member of the staff of the Institute for the period of his absence from duty; and

(ii) whether or not the said period shall be treated as a period spent on duty;

(b) where such competent authority holds that the member of the staff of the Institute has been fully exonerated or incase of suspension, that it was wholly unjustified, the member of the staff of the Institute Shall be given the full pay to which he would have been entitled had he not been dismissed, removed or suspended, as the case may be, together with any allowance of which he was in receipt prior to his dismissal, removal or suspension;

(c)  In other cases, the member of the staff of the Institute shall be given such proportion of such pay and allowances as the competent authority may specify:

Provided that the payment of allowances under clause (b) or clause (c) shall be subject to all other conditions under which such allowances are admissible;

(d) In cases falling under clause (b) the period of. absence from duty shall be treated as a period spent on duty for all purposes;

 In cases falling under clause (c) the period of absence from duty shall not be treated as a period spent on duty unless such competent authority specifically directs that it shall be so treated for any specified purpose.


27. GENERAL TERMS AND CONDITIONS OF SERVICES OF TEMPORARY EMPLOYEES

(1) The services of a temporary employee shall be liable to termination at any time by notice of one month in writing given either by the employee to the appointing authority, or by the appointing authority to the employee.

(2) The other terms and conditions of service of such employee shall be such as may be specified by the appointing authority in his letter of appointment.


28. APPOINTMENTS ON CONTRACT

(1) Notwithstanding anything contained in these Statutes, the Board with the prior approval of the Visitor may in special circumstances appoint an eminent person on contract for a period not exceeding 5 years.

(2) Subject to the provisions of the Act, the Board may appoint any person or contract in the prescribed scales of pay and on terms and conditions applicable to the relevant post for a period not exceeding 3 years.

(3) For making such appointments, the Chairperson, Board of Governors shall constitute such ad hoc Selection Committee, as the circumstances of each case may require:

Provided that such constitution of committee shall be reported to the board for confirmation.


29. PROVIDENT FUND AND PENSION SCHEMES

Employees of the Institute appointed prior to 01.01.2004 will be governed by Central Civil Services (Pension) Rules, 1972 and General Provident Fund (Central Services) Rules, 1960 and the Employees appointed on or after 01.01.2004 will be governed by New Pension Scheme of the Central Government.

30. RESIGNATION

Notwithstanding anything contained in the foregoing provisions of these first Statutes , a member of the staff of Institute may resign :

(i) if he is a permanent employee only after giving three months notice in writing to his appointing authority, or by paying three months salary in lieu thereof; and

(ii) if he is not a permanent employee, only after giving one month's notice in writing to the appointing authority or by paying one month's salary in lieu thereof :

Provided that such resignation shall take effect only on the date on which the resignation is accepted by the appointing authority.


31. RETIREMENT

(1) At any time after an employee has completed twenty years qualifying service , he may, by giving notice, of not less than three months, in writing to the appointing authority, retire from service as per the terms and conditions laid down by the Central Government, from time to time, for its own employees.

(2) The appointing authority has the right to retire the employee before superannuation as premature retirement in accordance with the provision of Central Civil Services (Retirement) Rules 1964.

(3) An employee can retire from service on account of any bodily or mental infirmity that permanently incapacitated him from service subject to the following conditions, namely:-

(i) The employee shall submit his application to the Registrar through proper channel and produce a medical certificate from medical authority as may be specified by the ordinances;

(ii) If the medical authority grants fitness certificate for a lower post, the employee, if willing may be appointed on such post only if available; and

(iii) The medical report should precede or coincide with the date of retirement.


32. ADVANCES

The permanent employees of the Institute shall be having facility of drawing advances for various purposes as admissible to Central Government Employees.

33. DEPUTATION

Deputation is permissible for appointment (temporary transfer) in public interest outside National Institute of Technology to other National Institute of Technology, Central Government, State Government, Universities or Autonomous Bodies including Public Sector undertaking and subject to the terms and conditions specified in the recruitment rules.

34. RESIDENTIAL ACCOMMODATION FOR EMPLOYEES

(1) Every employee of the institute may be allotted an unfurnished house within the campus of the Institute for residential use only, 'if available, in which he shall be required to reside, subject to such conditions as may be laid down by the House Allotment Rules of the Institute.

(2) An employee of the Institute who has been allotted a house for residential use, shall be charged licence fee at the rate as fixed by the Board from time to time.

(3) In addition to the licence fee, water, electricity and charges for any other service rendered shall be recovered from an employee on actual basis or at such rates as may be determined by the Board from time to time.

(4) The Board may allot furnished or unfurnished accommodation without levying any licence fee or levying such fee at concessional rates to any category of staff, if it considers it necessary to do so in the interest of the Institute.


35. LEAVE AND VACATION RULES

The leave far from the employees of the Institute shall be governed by the Central Civil Services (Leave) Rules 1972.

36. SCHOLARSHIPS, FELLOWSHIPS, MEDALS AND PRIZES

The Board may, on the recommendation of the Senate institute such scholarships, fellowships, medals and prizes as it may consider necessary.

37. FEES

The Institute shall charge the following fees, namely

(i) The tuition and the hostel fee shall comprise of two parts (a) fees determined by the National Institutes of Technology Council which shall be the common for all National Institutes of Technology and (b) fees which will be determined by the concerned Boards of Governors which shall be applicable to the concerned institute.

(ii) The Caution Money shall be refundable to student, scholars and fellows at the time of finally leaving the Institute, after deduction of relevant dues, if any and where no claim for  refund is received within two years of final y leaving the Institute, the Caution Money shall be credited into the Student Welfare Fund.

(iii) The fee Concession and scholarships as may be determined by the Central Government from time to time shall be applicable to all National Institute of Technology.


38. STUDENTS HOSTELS AND HALLS

(1) Every Institute shall be a residential institution and all students and research scholars shall reside in the hostels and halls of residence built by the Institutes for the purpose.

Provided that in exceptional cases, for reasons to be recorded in writing, the Director may permit a student or scholar to reside with his parent or guardian, but where any such permission is accorded to a student or scholar, such student or scholar, as the case may be, shall be liable far the payment of such seat rent as he would have been liable for the payment of seat rent had he resided in the hostel.

(2) Every resident in the hostels and halls shall conform to rules laid down by the Institute for the purpose.

(3) For each hostel or hall of residence there shall be a Warden and such number of Assistant Wardens and other staff as may be determined by the Board from time to time.

(4) The members of the Academic Staff shall be appointed by the Director as Warden and Assistant Warden.

(5) Wardens and Assistant Wardens shall be entitled to rent free unfurnished quarters corresponding to the type of quarters to which they are normally entitled.

(6) The Board shall lay down rules for the management of the hostels and halls of residence.


39. CONFERMENT OF HONORARY DEGREES

The Institute may confer honorary degrees far a few exceptional and outstanding persons for their illustrious contribution in their respective fields:

Provided that all proposals for the conferment of honorary degrees shall be made by the Senate and shall be approved by the Board.





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Right to Information Act 2005

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Contract Labour Regulation and Abolition Act 1970

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Central Services (Medical Attendance) Rules 1944

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