BRAINS Institute Act, 2016.
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| Main Category: | Acts | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Specific Category Name: | Establishment of Institution Through Legislation | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Year | 2016 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Promulgation Date: | 20-10-2016 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Details: | THE
BRAINS INSTITUTE ACT, 2016. (KHYBER
PAKHTUNKHWA ACT NO. XXIV OF 2016) CONTENTS PREAMBLE SECTIONS CHAPTER I PRELIMINARY 1. Short title and commencement. 2. Definitions. CHAPTER II THE INSTITUTE 3. Establishment of the Institute. 4. Powers and functions of the Institute. 5. Institute open to all. 6. Teaching at the Institute. CHAPTER III OFFICERS OF THE
INSTITUTE 7. Principal Officers. 8. Board of Governors. 9. Powers and functions of the Board. 10. Removal from the Board. 11. Patron. 12. Rector. 13. Visitation. 14. The Pro-Rector. 15. Director. 16. Pro-Director Administration. 17. Pro-Director Finance. 18. Controller of Examinations. 19. Removal of the officers of the Institute. 20. Academic Council. 21. Powers and functions of the Academic
Council. 22. Executive Committee. 23. Powers and duties of the Executive
Committee. 24. Representation Committee. CHAPTER IV REGULATIONS AND
BYE-LAWS 25. Regulations. 26. Bye-laws. CHAPTER V INSTITUTE FUND 27. Institute Fund. 28. Audits and accounts. CHAPTER VI GENERAL
PROVISIONS 29. Power to make regulations. 30. Power to make bye-laws. 31. Removal of difficulties. 32. Indemnity. THE
BRAINS INSTITUTE ACT, 2016. (KHYBER
PAKHTUNKHWA ACT NO. XXIV OF 2016) [First published
after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated
the 20th October,2016]. AN ACT to provide for the establishment
of BRAINS Institute
and to give it degree awarding
status in the field of management,
information technology and
engineering & technology
WHEREAS it is expedient to provide for the establishment of BRAINS Institute and
to give it degree awarding status in the field of management, information
technology and engineering & technology and for matters connected therewith
or ancillary thereto;
It
is hereby enacted as follows: CHAPTER I PRELIMINARY 1. Short title and commencement.---(1) This Act may be called the BRAINS Institute
Act, 2016.
(2) It shall come
into force at once. 2. Definitions.---In this Act, unless there is anything
repugnant in the subject or context,-
(a)
“Academic Council” means the
Academic Council of the Institute, constituted under section 20 of this Act; (b)
“Board” means the Board of Governors of the Institute, constituted under
section 8 of this Act; (c)
“constituent college” means an educational institution, maintained and
administered by the Institute; (d)
“Director” means the Director of the Institute; (e)
“Executive Committee” means the Executive Committee of the Institute,
constituted under section 22 of this Act; (f)
“Government” means the Government of the Khyber Pakhtunkhwa; (m) “prescribed” means prescribed by
regulations and bye-laws, made under this Act; (n) “Principal”
means the head of the constituent college; (p) “Pro-Rector”
means Pro-Rector of the Institute; (q) “Rector”
means the Rector of the Institute; (r) “Representation Committee” means the
Representation Committee, constituted under section 24 of this Act; (s) “regulations” mean the regulations made under
this Act; (t) “teaching department” means the teaching
department within the Institute; and (u) “teachers” mean and include Professors,
Associate Professors, Assistant Professors, Lecturers and Research staff,
engaged whole time by the Institute for teaching degree, honors or
post-graduate classes and such other persons as may be declared to be teachers. CHAPTER II THE INSTITUTE 3. Establishment of
the Institute.---(1)
There shall be established an Institute to be known as the BRAINS Institute, Peshawar,
which shall be a body corporate, having perpetual succession and a common seal
with power to acquire and hold property, both movable and immovable, and shall
by its name sue and be sued. (2) Notwithstanding anything contained in
any other law for the time being in force, the Institute shall have academic,
financial and administrative autonomy, including the power to employ officers,
teachers and other employees on such terms and conditions as may be prescribed.
4. Powers and functions of
the Institute.---The
Institute shall exercise and perform the following powers and functions:
(a)
provide for the education and scholarship in such branches of
management, information technology and engineering and to make provisions for
research, service to society and for the application, advancement and
dissemination of knowledge in such manner as it may determine; (b)
prescribe courses of studies to be conducted by it and the constituent
colleges with the approval of the Academic Council; (c)
hold examinations and to award and confer degrees, diplomas,
certificates and other academic distinctions to and on persons who have been
admitted to and have passed its examinations under prescribed conditions; (d)
prescribe the terms and conditions of appointment of the officers,
teachers and other employees of the Institute; (e)
engage, where necessary, persons on contract for specified duration and
to specify the terms of each engagement; (f)
confer honorary degrees or other distinctions on approved persons in the
manner as may be prescribed; (g)
provide for such instruction for persons not being students of the
Institute, as it may prescribe, and to grant certificates and diplomas to such
persons; (h)
Institute programmes for the
exchange of students and teachers between the Institute and other universities, educational
institutions and research organisations; (i)
pursue and make provisions for
research, innovations, inventions, demonstration and other services as it may
deem fit; (j)
undertake joint investigation and
collaborative research in the field of management, information technology and
engineering sciences and other allied disciplines; (k)
provide for career counselling and job-search services to students and
alumni; (l)
maintain linkages with alumni; (m)
develop and implement fund-raising plans; (n)
provide and support the academic development of the Institute; (o)
confer degrees on persons who have carried on independent research under
prescribed conditions; (p)
accept the examinations passed and the period of study spent by students
of the Institute at other universities
and places of learning equivalent to such examinations and periods of study in
the Institute and to withdraw such acceptance; (q)
co-operate with other institutes, universities, public authorities or
private organisations, in such manner and for such purposes, as it may
prescribe; (r)
institute Professorships,
Associate Professorships, Assistant Professorships and Lectureships etc; and
any other posts and to appoint persons thereto; (s)
create posts for research, extension, administration and other related
purposes and to appoint persons thereto; (t)
recognize selected members of the teaching staff of educational
institutions, admitted to the privileges of the Institute or such other
persons, as it may deem fit, as teachers; (u)
institute and award financial
assistance to students in need, fellowships, scholarships, bursaries, medals
and prizes under prescribed conditions; (v)
establish teaching departments, schools, constituent colleges,
institutes, academies, laboratories, museums and other centres of learning, for
the development of teaching and research and to make such arrangements for their
maintenance, management and administration, as it may prescribe; (w)
provide for the residence of the students of the Institute and the constituent colleges to
institute and maintain halls of
residence and to approve hostels and lodging; (x)
maintain order, discipline and security in the campuses of the
Institute; (y)
promote the co-curricular, extra-curricular and recreational activities
of such students and to make arrangements for promoting their health and
general welfare; (z)
demand and receive such fees and other charges, as it may determine; (aa)
make provision for research, advisory or consultancy services and with
these objectives to enter into arrangements with other institutions, public or
private bodies, commercial and industrial enterprises under prescribed
conditions; (bb)
enter into, carry out, vary or cancel contracts; (cc)
receive and manage property, grants, bequests, trusts, gifts, donations,
endowments and contributions made to the Institute and to invest any fund
representing such property, grants, bequests, trusts, gifts, donations,
endowments and contributions in such manner, as it may deem fit; (dd)
provide for the printing and publication of research and other works; and (ee)
do all such other acts and things, whether incidental to the powers
aforesaid or not, as may be requisite or expedient in order to further the
objectives of the Institute as a place
of education, learning, and research. 5. Institute open to all.---(1) The
Institute shall be open to all persons of either gender and of whatever
religion, race, creed, class, colour or domicile, and no person shall be denied
the privileges of the Institute on the grounds of religion, race, caste, creed,
class, colour or domicile. (2) An
increase in any fee or charge from the last such increase may be made with
justification and based on market information and only with the approval of the
Rector. (3) The
Institute shall initiate financial aid
programmes for students in need to the extent considered feasible by the Board
given the resources available, so as to enable admission and access to the
Institute and the various opportunities provided by it to be based on merit
rather than ability to pay. 6. Teaching at the
Institute.---All recognized teaching, in
various courses, shall be conducted by the Institute or the constituent colleges in the prescribed
manner and may include lectures, tutorials, discussions, seminars,
demonstrations, distance learning and other methods of instruction as well as
practical work in the laboratories, hospitals, workshops, fields and other
Government or private organizations.
CHAPTER III OFFICERS OF THE INSTITUTE 7. Principal Officers.---The following shall be the principal officers of the
Institute, namely: (a)
the Patron; (b)
the Rector; (c)
the Pro-Rector (d)
the Director; (e)
the Pro-Director Administration; (f)
the Pro-Director Finance; (g)
the Principals of the constituent colleges; (h)
the Chairpersons of the teaching departments; (i)
the Controller of Examinations; and (j)
such other officers, as may be prescribed by
regulations or bye-laws. 8. Board of Governors.---(1) There shall be a Board to be known as the Board of
Governors, which shall consist of the following: (2) The
Board may nominate any member as co-opted. (3) The
Director shall be responsible for all the affairs in connections with the
Board. (4) Members
of the Board, mentioned in clause (e) of sub-section (1) of section 8, shall
hold office for a term of three (03) years. (5) The
Board shall meet at least twice in a calendar year. All the meetings of the
Board shall be presided over by the Chairperson of the Board. (6) Service
on the Board shall be on honorary basis; provided that actual expenses may be
reimbursed to the members in the manner as may be prescribed. (7) Unless
otherwise provided by this Act, all decisions of the Board shall be taken on
the basis of the opinion of a majority of the members of the Board
present. In the event of the members,
being evenly divided on any matter, the Chairperson shall have a casting vote. (8) The
quorum for a meeting of the Board shall be two-thirds of its membership, a
fraction being counted as one. 9. Powers
and functions of the Board.---(1)The
Board shall have the power of general supervision over the Institute and shall
hold the Director, the Academic Council and the Executive Committee accountable
for all the functions of the Institute.
The Board shall have all powers of the Institute, not expressly vested
in the Director, the Academic Council and the Executive Committee or any other
officer of the Institute by this Act that are necessary for the performance of
its functions.
(2) Without
prejudice to the generality of the foregoing powers, the Board shall have the
following powers to: (a)
approve the proposed annual plan of work, the annual and revised
budgets, the annual report and the annual statement of account; (b)
hold, control and lay down policy for the administration of the
property, funds and investments of the Institute, including the approval of the
sale and purchase or acquisition of immovable property; (c)
oversee the quality and relevance of the Institute’s academic programmes
and to review the academic affairs of the Institute, in general; (d)
approve the appointment of Professors, Associate Professors, Assistant
Professors, Lecturers and such other senior administrators, as may be prescribed; (e)
Institute schemes, directions and
guidelines for the terms and conditions of appointment of all officers,
teachers and other employees of the Institute; (f)
approve strategic plans; (g)
approve financial resource development plans of the Institute; (h)
consider and approve the regulations and bye-laws proposed by the
Academic Council and the Executive Committee, respectively; (i)
annul, by order in writing, the proceedings of the Academic Council, the
Executive Authority or any of the officers of the Institute, as the case may
be, if the Board is satisfied that such proceedings are not in accordance with
the provisions of this Act, after calling upon the Academic Council, the
Executive Authority or any of the officers of the Institute, to show cause why
such proceedings should not be annulled; (j)
remove any member of the Board in the manner, as may be prescribed; (k)
appoint Emeritus Professors on such terms and conditions, as may be
prescribed; (l) determine the form, provide for the
custody and regulate the use of the common seal of the Institute; (m) transfer and accept transfer of movable
property on behalf of the Institute; (n) invest any money belonging to the
Institute, including any unapplied income in any of the securities described in
section 20 of the Trusts Act, 1882 (Act No. II of 1882), or in the purchase of
immovable property, or in such other manner, as it may prescribe, with the like
power of varying such investments; (o) institute Professorship, Associate
Professorship, Assistant Professorship, lectureship, and other teaching posts
or to suspend or to abolish such posts; and (p) create, suspend or abolish such
administrative or other posts, as may be necessary. (3) The Board
may, subject to the provisions of this Act, delegate all or any of its
powers and functions to the Academic Council, the Executive Authority or
any of the officers of the Institute, as the case may be, at its additional campus for the purpose of
exercising such powers and performing such functions in relation to such
additional campus. 10. Removal from the
Board.---(1) The Chairperson of
the Board may, upon a resolution passed by three-fourths of the
total membership of the Board, remove any member from the membership of the
Board, on the grounds that such member has- (a) become of unsound mind; (b) become incapacitated to function as
member of the Board; (c) been convicted by a Court of law for an
offence involving moral turpitude; (d) absented
himself from two consecutive meetings of the Board without just cause; or (e) been guilty of misconduct, including use
of position for personal advantage of any kind or gross inefficiency in the
performance of his functions. (2) The
member shall be given an opportunity of being heard, before he is removed from
the membership of the Board. 11. Patron.---(1) The
Governor of the Khyber Pakhtunkhwa shall be the Patron of the Institute. (2) The Patron shall preside over the
convocations of the Institute. In his absence, the Rector shall preside over
the convocations. (3) Every proposal to confer an honorary
degree shall be subject to the confirmation by the Patron: Provided
that in case of absence of the Patron, the confirmation shall be made by the
Rector. 12. Rector.---(1) The
incumbent Chairman of the BRAINS Education Foundation shall be the first Rector
of the Institute. (2) If the
Rector is satisfied that serious irregularity or mismanagement with respect to
the affairs of the Institute has occurred, he may,- (a) as
regards proceedings of the Board, direct that specified proceedings be
reconsidered and appropriate action taken within one month of the direction
having been issued: Provided that if
the Rector is satisfied that either no reconsideration has been
carried out or that the reconsideration has failed to address the concern
expressed, he may, constitute a Review Panel, which shall consist of such
number of persons and perform such functions as may be prescribed, to examine
the matter and report, in this regard, be submitted to the Rector on the
functioning of the Board. The report of
the Review Panel shall be submitted within such time, as may be prescribed; and (b) as regards proceedings of the Academic
Council or the Executive Committee with respect to matters within the
competence of any Authority other than the Board, take any appropriate action
not inconsistent with the provisions of this Act. 13. Visitation.---(1) The Rector
may cause an inspection or inquiry to be made in respect of any matter
connected with the affairs of the Institute and may, when consider necessary
and subject of prior notice to the Board, direct one or more officers,
including a member of the Board, to carry out inspection or inquiry of- (a) the Institute, its buildings,
laboratories, libraries and other facilities; (b) any constituent college or hostel, if
any, maintained by the Institute; (c) the adequacy of human and financial
resources; (d) the teaching, research, curriculum, examinations
and other matters of the Institute; and (e) such other matters, as the Rector may
deem appropriate. (2) The
officer or a member of the Board, so authorized by the Rector, as the case may
be, shall, within such time, as may be specified by the Rector, report to him
such action, if any, as has been taken or may be proposed to be taken upon the
results of an inspection or inquiry. (3) The
Rector shall communicate to the Board his views with regard to the results of
an inspection or inquiry and shall, after considering the explanation or
representation, if any, made by the Board, advises the Board to take such
actions or refrain from doing such things as he may specify in this behalf. (4) Where
the officer or the member of the Board, so authorized, do not take action
within the time specified, the Rector may issue such direction, as may be
considered appropriate. 14. The
Pro-Rector.---(1)The
Pro-Rector shall be appointed by the Rector on such qualifications and terms
and conditions as may be prescribed. (2) The Pro-Rector shall be a person known
for contributions and services to society and appreciated for high moral and
intellectual caliber. (3) The Pro-Rector shall aid and advise the
Rector in such manner, as may be required by the Rector. 15. Director.---(1) There shall be a
Director of the Institute, who shall be an eminent academic and a distinguished
administrator and shall be appointed by the Rector on such terms and
conditions, as may be prescribed.
(2) The
Director shall be the executive officer of the Institute, responsible for all
administrative and academic functions of the Institute and for ensuring that
the provisions of this Act are faithfully observed in order to promote the
general efficiency and good order of the Institute. The Director shall have all
powers prescribed for this purpose, including administrative control over the
officers, teachers and other employees of the Institute, except the Rector as
well as the Pro-Rector. (3) Without prejudice to the forgoing
powers, the Director may perform the following functions: (a)
direct officers, teachers and other employees of the Institute except
the Rector and Pro-Rector to take up such assignments in connection with
examination, administration and such other activities in the Institute , as he
may consider necessary for the purposes of the Institute; (b)
sanction by re-appropriation an amount, not exceeding an amount
prescribed by the Board, for an unforeseen item not provided for in the budget
and report it to the Board at the next meeting; (c)
make appointments of such categories of employees of the Institute, not
within the competence of the Board, Rector and Pro-Rector, as the case may be,
in such manner as may be prescribed; (d)
suspend, punish and remove, in accordance with prescribed procedure,
from service, officers, teachers and other employees of the Institute, except
those appointed by or with the approval of the Board; (e)
delegate, subject to such conditions as may be prescribed, any of his
powers under this Act to an officer or officers of the Institute; and (f)
exercise and perform such other powers and functions as may be
prescribed. (4) The
Director shall present an annual report before the Board within three months of
the close of the academic year. The
annual report shall provide such information as regards the academic year under
review as may be prescribed, including disclosure of all relevant facts
pertaining to- (a) academics; (b) research; (c) administration; and (d) finances.
(5) The annual report shall be made available,
prior to its presentation before the Board, to all officers and heads of
teaching departments and shall be published in such numbers as are required to
ensure its wide circulation. 16. Pro-Director
Administration.---(1)
There shall be a Pro-Director Administration of the Institute, who shall be
appointed by the Board, on such qualifications and terms and conditions as may
be prescribed.
(2) The
Pro-Director Administration shall be a full-time officer of the Institute and
shall- (a) be responsible for the provision of
secretariat support; (b) be the custodian of the
common seal of the Institute; (c) maintain a register of
registered graduates in the prescribed manner; (d) supervise the process of
election, appointment or nomination of members of the Academic Council and the
Executive Committee, as the case may be, in the manner as may be prescribed; and (e) perform such other
duties as may be prescribed. 17. Pro-Director Finance.---(1) There shall be a
Pro-Director Finance of the Institute, who shall be appointed by the Board, on
such qualifications and terms and conditions, as may be prescribed.
(2) The Pro-Director Finance shall be the
financial officer of the Institute under the general supervision of the
Director and shall- (a) manage the assets, liabilities,
receipts, expenditures, funds and investments of the Institute; (b) prepare the annual and revised budget
estimates of the Institute and present them to the Executive Committee for
approval and incorporation in the budget to be presented to the Board; (c) ensure that the funds of the Institute
are expended on purposes for which they are provided; (d) get the accounts of the Institute audited
annually so as to be available for submission to the Board within six months of
the close of the financial year; and (e) perform such other duties as may be
prescribed. 18. Controller of
Examinations.---(1)There
shall be a Controller of Examinations, who shall be appointed by the Board, on
such qualifications and terms and conditions, as may be prescribed.
(2) The
Controller of Examinations shall be a full-time officer of the Institute and
shall be responsible for all matters connected with the conduct of
examinations. He shall be the custodian of the academic records and perform
such other duties as may be prescribed. (2) The meetings of the Academic Council
shall be presided over by the Chairperson and shall meet at least once in each
quarter of the year. (3) The quorum for meetings of the Academic
Council shall be one-half of the total number of members, a fraction being
counted as one. 21. Powers
and functions of the Academic Council.---(1)The Academic Council shall be the principal
academic body of the Institute and
shall, subject to the provisions of this Act have the power to lay down proper standards
of instruction, research and examinations and to regulate and promote the
academic life of the Institute and the constituent colleges.
(2) Without
prejudice to the generality of the foregoing powers, and subject to the
provisions of this Act,
the Academic Council shall have the power to- (a)
approve the policies and procedures pertaining to the quality of
academic programmes; (b)
approve the policies and procedures pertaining to student-related
functions including admissions, expulsions, punishments, examinations and
certification; (c)
approve the policies and procedures assuring quality of teaching and
research; (d)
propose schemes for the constitution and organization of teaching
departments; (e)
appoint paper-setters and examiners for all examinations of the
Institute after receiving panels of
names; (f)
institute programmes for the
continued professional development of Teachers at all levels; (g)
recognize the examinations of other universities or examining bodies as
equivalent to the corresponding examinations of the Institute; (h)
regulate the award of studentships, scholarships, exhibitions, medals
and prizes; (i)
propose regulations for approval of the Board; (j)
prepare an annual report on the academic performance of the Institute; and (k)
perform such functions as may be prescribed by regulations. (2) The
meetings of the Executive Committee shall be presided over by the Chairperson. (3) The quorum for a meeting of the
Executive Committee shall be one-half of the total number of members, a
fraction being counted as one. (4) The
Executive Committee shall meet at least once in each quarter of the year. 23. Powers and duties of the
Executive Committee.---(1) The Executive Committee shall be the executive body of the
Institute and shall, subject to the
provisions of this Act, exercise general supervision over the affairs and
management of the Institute .
(2) Without prejudice to the generality of
the foregoing powers and subject to the provisions of this Act and directions
of the Board, the Executive Committee shall also have the following powers: (a)
consider the annual report, the annual and revised budget estimates and
to submit these to the Board; (b)
enter into, vary, carry out and cancel contracts on behalf of the
Institute ; (c)
cause proper books of account to be kept for all sums of money received
and expended by the Institute and for
the assets and liabilities of the Institute ; (d)
recommend to the Board the investment schemes of money belonging to the
Institute; (e)
receive and manage any property transferred, grants, bequests, trust,
gifts, donations, endowments, and other contributions made to the Institute ; (f)
administer any funds placed at the disposal of the Institute for specified purposes; (g)
provide the buildings, libraries, premises, furniture, apparatus,
equipment and other means required for carrying out the work of the Institute ; (h)
establish and maintain halls of residence and hostels or approve or
license hostels or lodgings for the residence of students; (i)
recommend to the Board admission of educational institutions to the
privileges of the Institute; (j)
arrange for the inspection of constituent college or any other college
or centre run by the Institute; (k)
specified the duties of officers, teachers and other employees of the
Institute; (l)
report to the Board on matters with respect to which it has been asked
to report; (m)
propose bye-laws for approval of the Board; (n)
regulate the conduct and discipline of the students of the Institute; (o)
take actions necessary for the good administration of the Institute, in
general, and to this end exercise such powers as are necessary; (p)
delegate any of its powers to any officer or a committee, as the case
may be; and (q)
perform such other functions as may be assigned to it. 24. Representation
Committee.---There shall be a Representation Committee,
which shall consist of such number of members and performs such functions and
duties as may be prescribed.
CHAPTER IV REGULATIONS AND BYE-LAWS 25. Regulations.---(1) Subject to the provisions of this Act, the
Academic Council may make regulations for all or any of the following matters: (a) the courses of study for degrees,
diplomas and certificates of the Institute; (b) the manner in which the teaching referred to in section 6 shall be
organized and conducted; (c) the
admission and expulsion of students to and from the Institute; (d) the conditions under which students shall
be admitted to the courses and the examinations of the Institute and shall become eligible for the award of
degrees, diplomas and certificates; (e) the conduct of examinations; (f) conditions under which a person may
carry on independent research to entitle him to a degree; (g) exhibitions, medals and prizes; (h) the use of the Library; (i) audit and accounts of the Institute;
and (j) all other matters as may be assigned to
it. (2) Regulations shall be proposed by the
Academic Council and shall be submitted to the Board which may approve them or
withhold approval or refer them back to the Academic Council for
reconsideration. Regulations, proposed by the Academic Council, shall not be
effective unless approved by the Board. 26. Bye-laws.---(1) Subject to the
provisions of this Act, the Executive Committee may make bye-laws to regulate
or prescribe all or any of the following matters:
(a)
the contents of, and the manner in which the annual report to be
presented by the Director before the Board, shall be prepared; (b)
the Institute fees and other
charges; (c)
the constitution of any pension,
insurance, gratuity, provident fund and benevolent fund for the employees of
the Institute; (d)
the scales of pay and other terms and conditions of service of officers,
teachers and other employees of the Institute; (e)
the maintenance of the register of registered graduates; (f)
admission of educational institutions to the privileges of the Institute and the withdrawal of such privileges; (g)
the establishment of teaching departments, institutes, constituent
colleges and other academic divisions or centres; (h)
the powers and duties of officers and teachers; (i)
conditions under which the Institute may enter into arrangements with
other institutions or with public bodies for purposes of research and advisory
services; (j)
conditions for appointment of Emeritus or Honorary Professors and award
of honorary degrees; (k)
candidates for award of honorary degrees to emirate scholars and
dignitaries ; (l)
prescribe conditions to prepare efficiency and discipline for the
employees of the Institute; (m)
the constitution and procedure to be followed by Representation
Committees in carrying out functions in terms of this Act; (n)
the constitution and procedure to be followed by the Search Committee
for appointment of the Director; (o)
all other matters as may be assigned to it. (2) The
bye-laws shall be proposed by the Executive Committee to the Board, which may
approve or pass it with such modifications as the Board may think fit or may
refer the same back to the Executive Committee for reconsideration. CHAPTER V INSTITUTE FUND 27. Institute Fund.---The Institute shall have a Fund to which shall be credited
all grants made by Government, including Federal Government or contributions
and donations made by individuals, local bodies, organizations or agencies and
income from fees, charges, received, sale proceeds and royalties on
publications and such other lawful sources, as may be approved by the Board.
28. Audits and accounts.---(1) The Accounts of the Institute shall be maintained in such form
and in such manner as may be prescribed.
(2) No expenditure shall be made from the
Fund unless a bill for its payment has been audited by the Audit Officer of the
Institute, in accordance with the prescribed manner. (3) The
teaching departments, constituent colleges and all other bodies, designated as
such by the Executive Committee, in terms of bye-laws, shall be independent cost-centres
of the Institute with authority vested in the head of each cost-centre to
sanction expenditure out of the budget allocated to it. (4) All
funds, generated by the Institute and re-appropriation from one head of
expenditure to another, may be made by the head of a cost-centre, shall be made
available without prejudice to the budgetary allocation otherwise made, after
deduction of overheads in the manner as may be prescribed. CHAPTER VI GRNERAL PROVISIONS 29. Power to make regulations.---The Board may, on the recommendation of the Academic
Council, make regulations for carrying out the purposes of this Act. 30. Power to make bye-laws.---The Board may, on the recommendation of the Executive
Committee, make bye-laws for carrying out the purposes of this Act. 31. Removal of difficulties.---(1) If any difficulty arises in giving effect to any of
the provisions of this Act, the Rector may make such order after obtaining the
views of the Board, not inconsistent with the provisions of this Act, as may
appear to him to be necessary for removing the difficulty. (2) Where this Act makes any provision for
anything to be done but no provision or no sufficient provision has been made
as respect to the authority by whom, or the time at which, or the manner in
which, it shall be done, then it shall be done by such authority, at such time,
or in such manner as the Rector may direct after obtaining the views of the
Board. 32. Indemnity.---No suit or legal proceedings
shall lie against the officers, teachers and other employees of the Institute
which is done or intended to be done in good faith under this Act. |