RULES

 

For the Administration and Management of the

Tata Institute of Fundamental Research

 

1.            Short Title: These rules shall be called the Rules of the Tata Institute of Fundamental Research.

 

2.            Interpretation: Unless there is anything contrary in the subject or context –

 

 

1)      "Council” means the Council of Management.

 

2)      “Director” means the Director of the Institute.

 

3)      “Institute” means the Tata Institute of Fundamental Research.

 

4)      “Trustees” means the Trustees of the Sir Dorabji Tata Trust constituted under a Deed of Charity Trust (hereinafter called “the Trust Deed”) executed by the late Sir Dorabji Tata and dated the eleventh day of March one thousand nine hundred & thirty two.

 

5)      “Holding Trustees” means the Trustees appointed in pursuance of the provisions of a Deed of Appointment of Trustees and Declaration of Trust dated the tenth day of March one thousand nine hundred and fifty four and made between the Government of India of the first part, the Government of Maharashtra of the second part, the Trustees of the Sir Dorabji Tata Trust of the third part, B. Venkatappiah, P. G. Shah, Naval Hormusji Tata and Rustom Dossabhoy Choksi, the trustees appointed by the said Declaration of the Trust dated the twenty-sixth day of June one thousand nine hundred fifty of the fourth part and Dr. S. S. Bhatnagar, V. T. Dehejia and Naval Hormusji Tata of the fifth part.

 

6)      “Year” means the period of twelve calendar months beginning from the first day of April and ending on the thirty-first day of March.

 

3.         Administration and Management: Subject to these Rules, and such Rules as may hereafter be made from time to time, the administration and management of the Institute shall vest in the Council.

 

4.         Constitution of the Council: The Council shall consist of 8 members :

 

a)      three members appointed by the Govt. of India

 

b)      one member appointed by the Govt. of Maharashtra

 

c)      two  members  appointed  by Trustees of the Sir Dorabji Tata Trust

 

d)     the Director of the Institute (ex-officio member); and

 

e)      a  member to  be co-opted on  the basis of  a recommendation to  be  made  by  the  above  mentioned 7 members of the Council listed under (a) to (d) above.

 

Every member of the Council other than the Director shall hold office for a period of three calendar years from the commencement of the calendar year in which he/she is appointed provided however that such member shall be eligible for reappointment.

 

5.                  Chairman of the Council: The Council shall elect its own Chairman from among its members other than the Director.

 

6.                  Secretary to the Council: The Registrar appointed under Rule 18 shall be the ex-officio Secretary to the Council.  He/She shall act as the Recorder to the Institute and shall have charge of all documents relating to the Institute.

 

7.         Vacancies: When a vacancy occurs in the office of a member of the Council other than the Director through death, resignation or for any other reason, such vacancy shall be filled by the authority which appointed such member.

 

8.         Vacancy not to affect proceedings: If a vacancy in the office of a member of the Council has occurred, the continuing members shall act as if no  vacancy had occurred and no act or proceedings of the Council shall be deemed invalid merely by reason of a vacancy in the Council or of a defect in the appointment of a person acting as a member.

 

9.         Council to be executive body of the Institute: The Council shall be the executive body of the Institute and subject to the provisions of these Rules, the Council shall conduct the administration and management of the Institute.

 

10.       Bye-laws:

 

                                   (i)      The Council may frame bye-laws from time to time not inconsistent with these Rules for the general administration and management of the Institute and may in particular provide for the following matters :-

 

a)      conduct of business and the procedure to be adopted at meetings of the Council and the quorum for such meetings;

 

b)      date of commencement and duration of the sessions of the Institute;

 

c)      finances and accounts of the Institute;

 

d)     payment and amount of fees to be levied;

 

e)      term and tenure of appointments, emoluments, allowances and other conditions of service of the employees of the Institute;

 

f)       duties and functions of the Director and other officers and employees of the Institute;

 

g)      rules regarding discipline, suspension and dismissal of the officers and employees of the Institute;

 

h)      courses of study and research in the Institute;

 

i)        award of degrees, certificates, diplomas and the title of Fellow or Associate, whether honorary or endowed;

 

j)        admission of students to the Institute;

 

k)      execution of contracts and other instruments on behalf of the Institute;

 

l)        establishment and maintenance of pension, provident or other funds for the benefit of the officers and employees for the purposes of the Institute;

 

m)    conduct and  defence of legal proceedings and the manner of signing pleadings; and

 

 

n)      such other matters as may be necessary for the administration of the Institute.

 

(ii)    The first set of bye-laws under this Rule, will be subject to confirmation by the Government of India, the Government of Maharashtra and the Trustees and later the Government of India, the Government of Maharashtra and the Trustees shall have the power to veto any amendments in respect of items (c ) and ( e ) enumerated in clause ( i ) of this Rule.

 

(iii)       Bye-laws framed by the Council in pursuance of Rule 10 of the Rules for the administration and management of the Institute as in force on the date of execution of this agreement regarding the Institute shall continue in force until they are superseded by bye-laws framed by the Council in pursuance of this Rule.

 

 

11.       Officers and employees: Subject to the provision of these Rules, the staff of the Institute will consist of :-

 

1)      The  Director

 

2)      Deputy Directors

 

3)      Professors

 

4)      Other members of the academic staff

 

5)      Financial Adviser to the Director

 

6)      Registrar and

 

7)      such other officers and employees as may be considered necessary for the work of the Institute.

 

12.       Appointment of Director: The appointment of the Director shall be made by invitation by the Council with the approval of the Government of India, the Government of Maharashtra and the Trustees.  Subject to the provisions of Rule 17, the Director shall normally hold office for a period not exceeding five years at a time.  His/Her emoluments, allowances and other conditions of service shall be fixed by the Council.

 

13.       Powers of Delegation of the Director: The Director may delegate some of his/her powers, functions and duties to any member of the staff of the Institute with the approval of the Council.

 

14.             Appointments of officiating Director or temporary Director: Notwithstanding anything contained in Rule 12, the Council may appoint a person to officiate as Director in the absence of the Director appointed under Rule 12.  The Council may also make a temporary appointment of Director in a vacancy of the office of Director.  Every appointment under this Rule shall be for a period not exceeding one year at a time.  An officiating Director or a temporary Director shall discharge only such of the duties and functions vested in the Director as may be sanctioned by the Council from time to time, and the Council may impose conditions and restrictions as to the discharge of any such duty or function by the officiating or temporary Director.

 

15.             Appointment of Deputy Directors: Subject to the provisions of Rule 17, the Council may appoint Deputy Directors for a period normally not exceeding five years at a time.  Their emoluments, allowances and other conditions of service shall be fixed by the Council.  They shall discharge such duties and functions of the Director as may be assigned to them by the Director.

 

16.             Appointment of Professors and other officers: Subject to the provisions of Rule 17, the appointment of the members of the academic staff of the rank of Associate Professor and above shall be made by the Council on the recommendation of the Director, for a period normally not exceeding five years at a time.  In the case of Professors, the appointment will be by invitation.  The appointment of members of the administrative and other staff of the rank of Registrar and above shall be made by the Council on the recommendation of the Director.

 

17.       Tenure of appointments of academic staff and officers: Notwithstanding anything contained in Rules 12, 15 and 16 the Council may offer continuing appointments upto the age of 60 years to selected members of the academic staff and officers who have rendered meritorious service to the Institute for a minimum period of 5 years.

 

18.       Appointment of Registrar: The appointment of the Registrar shall be made by the Council on the recommendation of the Director.

 

19.       Appointment of other employees: Members of the academic staff below the rank of Associate Professor, members of the administrative and other staff below the rank of Registrar shall be appointed by the Director, or by an officer to whom the power has been delegated by him under Rule 13.

 

20.       Properties and Funds vested in the Council: The properties and funds of the Institute vested in the Council shall consist of :-

 

a)      recurring and non-recurring grants made by the Government of India, the Government of Maharashtra and the Trustees,

 

b)      other grants, donations and gifts (periodical or otherwise) other than those intended to form the corpus of the property and funds of, or held for the benefit of the Institute by the Holding Trustees,

 

c)      the income from properties and funds vested in the Holding Trustees and income of the funds vested in the Council, and fees, subscriptions and other annual receipts and

 

d)  all machinery, plant, equipment and instruments (whether laboratory, workshop or otherwise), books and journals, furniture, furnishings and fixtures belonging to the Institute.

 

21.       Acceptance of Donations, etc.: The Council may accept donations, gifts and subscriptions for specific purposes provided no onerous conditions are attached to them and provided that donations, gifts and subscriptions other than those falling under clauses (b) and (d) of Rule 20 shall be transferred to and vested in the Holding Trustees.

 

 

22.       Budget and Accounts:

 

a)      The Council shall frame the annual Budget for the ensuing financial year before the end of the current financial year and shall forward copies thereof to the Government of India, the Government of Maharashtra and the Trustees.

 

b)      Moneys forming part of the funds of the Institute vested in the Council shall be deposited in the name and under the control of the Council in an approved Bank or Banks which shall be Scheduled Banks as defined in the Reserve Bank of India Act, 1934 (II of 1934).

 

c)      The accounts of the Institute shall be audited annually by a Chartered Accountant or Accountants as defined in the Chartered Accountants Act, 1949 (XXXVIII of 1949) to be appointed by the Council in consultation with the Comptroller and Auditor General of India.

 

23.      Annual Report: The Council shall submit a report on the working of the Institute annually to the Government of India, the Government of Maharashtra and the Trustees.  Such report shall contain particulars regarding the work of the Institute during the previous year and shall be accompanied by a balance sheet duly audited showing the income and expenditure of the Institute during the said year.

 

24.       Alteration of Rules: These Rules may from time to time be altered, added to and modified by the joint consent of the Government of India, the Government of Maharashtra and the Trustees, and the Rules (so altered, added to and modified) shall operate from such date (with retrospective effect or otherwise) as shall be notified by the Government of India, the Government of Maharashtra and the Trustees.

 


 

BYE-LAWS

 

Under Rule 10 of the Rules for Administration and Management of the Tata Institute of Fundamental Research

 

 

I.            COUNCIL MEETINGS AND PROCEDURES

 

1.1       Meetings: Meetings of the Council shall be held ordinarily four times a year.  An extra-ordinary meeting shall be convened on the written requisition of at least two members of the Council.

 

1.2       Place of meeting: Meetings of the Council shall be held at the Institute unless the Chairman otherwise directs.

 

1.3       Notice of  a meeting: Notice of a meeting shall be given to the members at least seven days before the day of the meeting.

 

1.4       Quorum and Procedure: Four members shall form a quorum and all questions shall be decided by a majority of votes of the members present and voting.  In the event of a tie, the Chairman shall have a second or casting vote.

 

1.5       Adjourned meeting: If there is no quorum at the expiration of fifteen minutes after the time fixed for a meeting, the meeting shall be adjourned to such a date as the Chairman may fix.  No quorum shall be necessary for a meeting adjourned for want of quorum.

 

1.6       Chairman of the meeting: The Chairman of the Council shall preside at all meetings of the Council.  In the absence of the Chairman, the members present shall elect one from among themselves to preside at the meeting.

 

1.7        Minutes: The Registrar shall keep the minutes of the meetings of the Council, and send a copy of the minutes of every such meeting, as early as possible to the address of every member.

 

1.8       Vacancy: When a vacancy occurs in the office of a member of the Council through death, resignation, or any other cause, the Registrar shall, as soon as possible, notify the vacancy to the authority concerned, requesting it to nominate a member to fill the vacancy.

 

1.9       Advisory Committees: The Council may appoint advisory committees consisting of its own members or of other persons or both to report to it upon any matter concerning the Institute.

 

1.10     Committees of the Council: The Council may appoint committees from amongst its own members or the staff of the Institute or both, and may assign to such committees such powers and duties as are in accordance with the Rules and Bye-laws.

 

1.11     Sitting Fee: A sitting fee at such rates as may be fixed by the Council from time to time shall be payable to Council Members attending any Council meeting.

 

 

II.               SESSION OF THE INSTITUTE

 

2.1       The academic year or the session of the Institute shall be for such period as may be fixed by the Council from time to time, with three terms - Monsoon Term, Middle Term and Spring Term - covering a total period of not less than six months.  The dates for the commencement and termination of each term shall be fixed by the Director before the beginning of the Academical year.

 

2.2    The vacation periods of the Institute shall be three - October Vacation, Winter Vacation and Summer Vacation - covering a total period of not more than six months.

 

2.3  No holidays will be observed during the term time except Sundays and such special days as may be fixed by the Director.  All such special days will be termed Institute holidays, and notified at the beginning of each calendar year.

 

III.            FINANCES AND ACCOUNTS

 

3.1       Accounts: The Financial Adviser to the Director, shall be responsible for the accounts of the Institute.

 

3.2       Receipts:  All moneys received for or on behalf of the Institute shall be placed in a current or fixed deposit account with a scheduled bank in the name of the Institute.

 

3.3.1    Payment: Payments made by or on behalf of the Institute exceeding a sum to be fixed from time to time by the Council shall ordinarily be made by cheque.  All cheques shall be signed by any two of the following officers:-

 

Financial Adviser to the Director, Registrar, Deputy Registrar, Senior Accounts Officer, or any other officer specially nominated/authorised for such purpose by the Director, or any of the Council Members.

 

3.3.2    Endorsements: All bills for payment shall bear an endorsement “passed for payment” and the endorsement shall be signed by the Director or by an officer to whom the power has been delegated by the Director.

3.3.3    Permanent Advance: A permanent advance of a sum* to be fixed from time to time by the Council may be kept by the Registrar for cash payments.

 

3.4              Budget Estimates: The Budget Estimates for the ensuing financial year and the Revised Estimates for the current financial year shall be considered and finalised before November by the Council.  The budget will show under various heads, (i) the actual expenditure of the preceding year, (ii) the Budget Estimates for the current year, (iii) the actual expenditure up to the end of September in the current year, (iv) the Revised Estimates for the current year, and (v) the Budget Estimates for the ensuing year.

 

IV.             TERMS AND CONDITIONS OF THE SERVICE OF THE STAFF OF THE INSTITUTE

 

Note:   The employees of the Institute, other than the Director, are divided into five categories :

 

1)         Academic staff, which term includes Professors (Professor of Eminence, Distinguished, Senior and Full), Associate Professors, Readers, Fellows, Research Fellows, Research Associates, Research Scientists, and other members of the staff doing academic work.

 

2)         Administrative Staff, which term includes Deputy Director (Administration), Financial Adviser to the Director, Registrar, Deputy Registrar, Executive Officer, Administrative Officers including Establishment, Accounts, Purchase, Stores, Public Relations, Security, Transport, Faculty Secretaries and other members of staff doing administrative work.

 

3)         (a)        Medical staff, which term includes, Doctors, Dentists, Nurses and other

members of the staff doing medical work..

 

(b)        Library staff which term includes the Librarian, Assistant Librarians and other staff members, including information technology related staff, doing library work..

 

Positions/posts, for which professional/scientific/technical qualifications are required, may be treated as Scientific/Technical.

 

4)         Technical and Scientific Staff, which term includes Engineers, Programmers, Technical Officers, Architects, Animal House Manager, Scientific Officers, Scientific Assistants, Technical Assistants and other members of support staff doing scientific or technical work. 

 

5)         Maintenance and Auxiliary staff, which term includes Supervisors in charge of Guest House, Hostels, Canteen, Cosmetic Maintenance, Parks & Gardens, Transport, Security, Vigilance and other members of staff such as Security and Vigilance Assistants, Cooks, Drivers, Firemen, Attendants, Telephone Operators, Cleaners, Gardeners, Helpers, Watchmen, Bearers, Physical Instructors, Peons etc.

 

Positions/posts, for which professional/scientific/technical qualifications are required, may be treated as Scientific/Technical.

 

4.1              Terms of Appointment:

 

4.1.1    Certificate of Physical Fitness: Every employee shall, prior to taking up his/her appointment, be medically examined and be certified fit for service by the Medical Officer of the Institute or by a medical officer nominated by the Director.  He/She shall undergo an annual medical examination so long as he/she continues in the service of the Institute.

 

4.1.2        Agreement: Every officer of the Institute  in or above the pay scale of Rs. 6500-10,500 (as in 1996) or its corresponding scale as amended from time to time shall accept in writing the terms and conditions of his/her appointment before joining the Institute, and again before taking up each subsequent appointment in the Institute.

 

4.1.3        Salary: Every employee shall be paid the salary fixed for his post,   every month, so long as he/she remains in the service of the Institute and satisfactorily performs his/her duties.

 

4.1.4        Obedience to Rules and Regulations: During the period of his/her service, every employee shall observe, obey and abide by the Rules of the Institute and the Bye-laws made from time to time by the Council, and all Standing Orders passed by the Director under Bye-law 5.1.2 below.

 

4.1.5        Provident Fund Benefit: During the continuance of his/her service an employee shall contribute to the Provident Fund, if called upon to do so, in accordance with the rules framed in that behalf by the Council from time to time.

 

4.1.6        Specific Work: Every employee shall perform such duties as may be entrusted to him/her and shall to the best of his/her ability, carry out the lawful directions of the Council, of the Director, or of any other person to whose authority he may be subject, according to the Rules and Bye-laws of the Institute and the Standing Orders of the Director.

 

4.1.7        Whole-time Service: An employee shall devote his/her whole time  to the service of the Institute and shall not take active part in  politics, or without the previous permission of the Council in the  case of the Director, or of the Director in the case of others, engage, directly or indirectly, in any trade, business or occupation or enter on any remunerative commitment, or absent himself/herself from duty except in the case of accident or sickness certified by a  competent medical authority.

 

           Members of the staff shall not stand for election or accept nomination to any local body or University authority without the previous permission of the Council in the case of the Director, and of the Director in the case of others.

 

4.1.8    Vacations: The Director and all members of the Academic Staff shall be entitled to 70 days’ vacation a year during vacation periods.  Members of the academic staff shall take their vacation at times fixed with the concurrence of the Director or a member of the academic staff to whom the power has been delegated by the Director.  All members of the academic staff are expected to carry on their work during the remainder of the vacation periods, and may do so at places other than the Institute with the consent of the Director or a member of the academic staff to whom the power has been delegated by the Director.

 

            Members of the non-academic staff  will not be entitled to vacations.

 

4.1.9    Compensatory Vacation:

 

           Notwithstanding anything in Bye-law 4.1.8, the Director, or a member of the academic staff to whom the power has been delegated by the Director, may, for urgent work, detain a member of the academic staff during any portion or the whole of a vacation period and the member so detained shall then be entitled to compensatory vacation during the following term or vacation period sufficient to make up the vacation to which he is entitled under 4.1.8.

 

4.1.10    Detention on Sundays and Institute holidays: The Director or a member of the staff to whom the power has been delegated by the Director, may, for urgent work, detain any member of the staff on Sundays and Institute holidays and grant compensatory holidays.

 

4.1.11  Leave: Employees will be granted leave in accordance with the leave rules framed by the Council from time to time.

 

4.1.12  Discipline: The authority which appoints a member of the staff of the Institute may suspend, discharge, dismiss, or otherwise punish him/her for the misconduct or for breach of the terms and conditions of his/her appointment.

 

4.1.13  Order of discharge or dismissal: No order of discharge or dismissal shall be passed under the preceding Bye-law unless the specific charges on which such order is to be passed, are framed against the person in writing, and given to the said person, so that he/she shall have reasonable opportunity of showing cause why the proposed action should not be taken against him/her, and submitting an explanation in writing within such time as may be prescribed by the appointing authority; provided that the requirements of this Bye-law may be waived if the facts, on the basis of which action is to be taken, have been established in a Court of Law, or where the person has absconded, or where it is for any other reason impracticable to communicate with him/her.  In every case where all or any of the requirements of this Bye-law are waived, the reasons for so doing shall be recorded in writing.

 

4.1.14  Appeals: An employee who has been discharged or dismissed shall have a right of appeal against any order passed by the appointing authority to the authority to which the appointing authority is immediately subordinate, hereinafter referred to as “appellate authority”, vide “Schedule” to these Bye-laws.  Every appeal shall comply with the following requirements :

 

a)  it shall be written in English, or, if not written in English, it shall be accompanied by a translation in English and shall be signed,

 

b)  it shall be couched in concise, polite and respectful language, and be free from irrelevant matter,

 

c)  it shall contain all material statements and arguments relied on and shall be complete in itself,

 

d) it shall specify the relief desired,

 

e)  it shall be submitted to the authority which made the order appealed against within a period of three months from the date on which the appellant receives a copy of the order appealed against provided further that a copy of the appeal may be submitted direct to the appellate authority.

 

f)   it shall not be addressed to the Registrar, Deputy Directors, Director or to any Member of the Council by name, and any such action shall be deemed a breach of discipline.

 

4.1.15  Consideration of appeals: In the case of an appeal against an order of discharge or dismissal, the appellate authority shall consider :

 

a)   whether the procedure prescribed in the preceding Bye-laws has been complied with, and, if not, whether such non-compliance has resulted in a miscarriage of justice,

 

b)   whether the findings are justified, and

 

c)  whether the penalty imposed is excessive, adequate or   inadequate and pass orders.

 

i)     setting aside, reducing, confirming or enhancing the penalty, or

 

ii)   remitting the case to the appointing authority or to any other authority with such direction as it may deem fit in the circumstances of the case;

 

provided that the appellate authority shall not impose any enhanced penalty unless the appellant is given an opportunity of making any representation which he/she may wish to make against such enhanced penalty.

 

4.1.16    Implementation of orders in appeal: The authority, which made the order appealed against, shall give effect to the orders passed by the appellate authority.

 

4.1.17  Orders made by the Council not appealable: Notwithstanding anything contained in these Bye-laws, no appeal shall lie against any order made by the Council.

 

4.1.18  Council’s power to review: Notwithstanding anything contained in Bye-laws 4.1.13 to 4.1.17, the Council may on its own motion or otherwise, after calling for the records of the case, review any order which is made or is appealable under these Bye-laws, 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 appointing authority which made the order or to any other authority directing such further action or enquiry as it considers proper in the circumstances of the case,

 

or

 

d)   pass any such other orders as it deems fit,

 

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

 

4.1.19  Review of orders in disciplinary cases: The authority before which an appeal against an order imposing any of the penalties specified in Bye-law 4.1.12 lies, may, of its own motion or otherwise, call for the records of the case in a disciplinary proceeding, review any order passed in such a case, and pass such orders as it deems fit, as if the employee had preferred an appeal against such an order; provided that no action under this Bye-law shall be initiated more than six months after the date of the order to be reviewed.

 

4.1.20  Pay and allowances on acquittal: If a member of the staff of the Institute has been discharged or dismissed and the charges are not proved against him/her, the appellate authority may grant to him/her for the period of absence from duty,

 

a)   if he/she is fully exonerated, the full pay to which he/she would have been entitled if he/she had not been discharged or dismissed, and by an order to be separately recorded, any allowances of which he/she was in receipt prior to his/her discharge or dismissal

or

 

b)   if not fully exonerated, such proportion of such pay and allowances as the appellate authority may prescribe.

 

The period of absence from duty will be treated as period spent on duty in case (a).  It will not be treated as period spent on duty in case (b) unless the appellate authority directs to the contrary.

 

 

4.2       Tenure of the appointment:

 

4.2.1    Period of service: A member of the academic staff shall in the first instance, be appointed for a period normally not exceeding 5 years which may include a probationary period, normally one year.  On the satisfactory completion of  a period of service of 5 years, he/she may be offered a continuing appointment; provided, however, that no such appointment shall extend beyond the age of superannuation - 60 years.

 

            All members of the non-academic staff shall be appointed on probation for a period normally not exceeding one year, after which the appointment may be continued till the date of superannuation - 60 years.

 

4.2.1.1 Compulsory retirement : Notwithstanding anything contained in the bye-laws, the Council shall have the absolute right to retire any member of the staff, in public interest, by giving him/her three months’ notice or pay and allowances in lieu of the notice period, with the proviso that

 

i)     if  he/she  is  in  the  scale  of  pay  Rs. 6500-200-10,500 (as in 1996) or its corresponding scale as amended from time to time, or above and has    joined the  Institute  before attaining  the   age of  35  years, the member can be   retired after he/she has attained the age of 50 years;

 

ii)    in all other cases, the member can be retired  after  he/she  has attained the age of 55 years.

 

4.2.2    Extension: Extension beyond superannuation may be granted by the Council, in special circumstances, upto the age of 65 years to a member of the academic staff, such extension being however, given for not more than 2 years at a time and upto the age of 62 years to a member of the non-academic staff, if the Council is satisfied that a member is competent and fit in all respects to render further service.

 

4.2.3    Termination of contract

 

4.2.3.1Academic Staff: Subject to any contract under Bye-law 4.2.1 the agreement of service of any member of the academic staff shall be terminated by either party giving to the other not less than six months notice in writing to terminate it on the last day of a term, except during the period of probation when the period of notice shall be as specified in the letter of appointment.

 

4.2.3.2 Non-academic Staff: The service of any member of the non-academic staff shall be terminated by either party giving to the other a period of notice not less than that specified in the letter of appointment.   Such period of notice shall not be less than one month except during the period of probation.

 

4.2.3.3 Curtailment of period of notice: Notwithstanding anything contained in 4.2.3.1 and 4.2.3.2

 

a)           the service of any member of the staff may be terminated by giving a shorter notice than that specified in paragraphs 4.2.3.1 or 4.2.3.2 on payment to him/her a sum equivalent to the amount of his pay plus allowances for the period by which such notice falls short of the period specified.

b)      the appointing authority, or the authority to whom the power has been delegated, may accept a shorter period of notice from a member of the staff in special circumstances.

 

4.2.3.4 Leave on terminating of services: Earned leave on full pay may be counted towards the period of notice required under Bye-laws 4.2.3.1 and 4.2.3.2 and for any part not so utilised pay and allowances may be paid at the discretion of the Director or a member of the staff to whom the power has been delegated by the Director.

 

4.3       Emoluments and allowances: The Council shall fix the scales of pay and allowances of the staff of the Institute from time to time.

 

V.                DUTIES AND FUNCTIONS OF OFFICERS OF THE INSTITUTE

 

5.1       Duties of the Director:

 

5.1.1    Business of the Institute: It shall be the duty of the Director to carry on the work of the Institute under the control of the Council in accordance with the Rules and Bye-laws for the administration and management of the Institute.  In case of an emergency, he/she may take such action as may be necessary and report it to the Council.

 

5.1.2    Direction and control of the staff: All members of the staff of the Institute shall be under the general control of the Director, who may issue Standing Orders on various subjects including recruitment, from time to time.

 

5.1.3    Sanction of expenditure: All expenditure within the budget grant shall be approved and sanctioned by the Director, or a member of the staff to whom the power has been delegated by the Director.  The Director shall have the power to make reappropriations subject to the following conditions:-

 

i)     Reappropriation to augment the provision under the head “Salaries, Allowances and Provident Fund Contributions” shall require the prior consent of the Council.

 

ii)   No reappropriations shall be made from the head of Capital Expenditure to the head of Revenue Expenditure.

 

iii) Reappropriations within the heads of Capital Expenditure to cover expenditure on a new project not included in the budget shall require the prior consent of the Council.

 

5.1.4    Supervision of work: The Director shall exercise general supervision over the programme of work and the research projects of the Institute.

 

5.1.5    Co-ordination of work: The Director may call for the general plan of work of each School, referred to in Bye-law VI, at the beginning of each year and at any other time he may consider necessary, and co-ordinate the work of the various Schools in the Institute.

 

5.1.6    Annual Report: The Director shall submit the Annual Report of the Institute to the Council by the end of June each year.

 

5.2       Duties of Deputy Directors: A Deputy Director shall discharge such duties and functions of the Director as may be assigned to him by the Director.

 

5.3       Duties of Professors and Readers

 

5.3.1    Supervision: Professors and Readers shall supervise and direct the work in their respective subjects under the general direction of the Director.

 

5.3.2    Periodical reports: Every Professor or Reader shall submit periodical reports on his work.  There shall not be less than one such report in the course of each academical year.

 

5.3.3    Seminars, lectures: Every Professor or Reader shall hold or take part in seminars, besides giving lectures, and guide research workers attached to him.

 

5.3.4    Research programme: Every Professor or Reader shall submit to the Director, from time to time, or when called upon to do so, his research programme and that of the members of the staff and students working with him.

 

5.3.5    Sanction for work: All new schemes of research to be conducted at the Institute, which may involve any expenditure, shall be submitted to the Director for sanction.

 

5.4       Duties of the Librarian

 

5.4.1    Responsibility for custody of the Library: The Librarian shall be responsible for the custody of books, manuscripts, periodicals etc., belonging to the Library, and shall maintain a complete register and index.

 

5.4.2    Library Rules: The Rules for the management of the Library shall be framed from time to time, as may be found necessary, by a Library Committee appointed by the Director to be responsible for the proper functioning of the Library.

 

5.4.3    Annual Report: The Librarian shall prepare, by the end of March every year, a report on the working of the Library for submission to the Director by the Library Committee.

 

5.4.4    Correspondence: The Librarian shall be responsible for purchasing books approved by the Library Committee, copies of the correspondence being sent to the Registrar for information.

 

5.4.5    Stock-taking: The Librarian shall take stock every year of all the books in the Library.  The Library Committee may assign personnel to check the report.

 

5.5       Duties of the Registrar

 

5.5.1    Secretarial work: The Registrar shall act as Secretary to the Council.

 

5.5.2    Work under the general control of the Director: In all matters concerning the Institute he/she shall act under the general control and orders of the Director.

 

5.5.3        Correspondence: The Registrar shall be in charge of correspondence relating to the Institute, subject to the instructions of the Director.

 

5.5.4        Office management: The Registrar will be in charge of the administrative staff and the general maintenance staff of the Institute.  He/She shall act in consultation with the Financial Adviser to the Director, in all matters pertaining to the administrative staff performing accounts-related functions.

 

5.5.5        Maintenance of the premises: The Registrar will look after the maintenance and upkeep of the premises and the property of the Institute.

 

5.5.6        Annual Budget Estimates: The Registrar and the Financial Adviser to the Director, shall prepare, in consultation with the Director, the Annual Budget of the Institute for submission to the Council.

 

VI.       STUDY AND RESEARCH

 

6.1      Work of the Institute: The work of the Institute will, for the present, be carried on in three Schools: (1) a School of Mathematics for advanced study and fundamental research in all branches of pure and applied mathematics;  (2) a School of Natural Sciences for advanced study and fundamental research in various branches of theoretical and experimental physics, nuclear science in general, astronomy and chemical and biological sciences; and (3) a School of Technology and Computer Science for advanced study and fundamental research in different branches of Computer Science and selected areas of Technology.  New Centres for the establishment and operation of major facilities for research and development in specified areas may be set up in each School by the Council, with a management structure appropriate for each Centre.  A Centre Director may be appointed for each Centre for a period not exceeding 5 years at a time.  He/She will exercise such powers as are delegated by the Director.  All such Centres will be subject to the Rules & Bye-laws of the Institute.

 

6.2    Academic Council of the Institute:

 

The Academic Council shall oversee and advise the Council of Management on all matters pertaining to the teaching activities of the Institute and to the award of degrees.  It will formulate its own rules and procedures for possible implementation of these recommendations.

 

The Academic Council shall consist of the following persons, namely:

 

(a)    Director of the Institute as Chairperson of the Academic Council

 

(b) Centre Directors

 

(c) Deans of Faculties

 

(d)   Chairpersons of individual academic Departments of the Institute, and the Dean, Graduate Studies.

 

(e)    Three Persons from amongst scientists, mathematicians and engineers/technologists of high academic repute from any field related to the activities of the Institute who are not in the service of the Institute.

 

(f)    Three persons co-opted by the Academic Council for their specialized knowledge.

 

(g)   Conveners of Subject Boards if they are not already members in other capacity.

 

(h)   Registrar.

 

(i)     Assistant Registrar (Academic) as Non-member Secretary.  

 

6.3       Meeting of the Academic Council

 

(i)           The Academic Council shall meet as often as may be necessary but not less than thrice during the academic year.

(ii)         One third of the total members of the Academic Council shall constitute the quorum for a meeting of the Academic Council.

(iii)       Any business which may be necessary for the Academic Council to perform, except such as may be placed before its meeting, may be carried out by circulation of the resolution along all its members and the resolution so circulated and approved by a simple majority shall be effective and binding as if such resolution had been passed in the meeting of the Academic Council, provided that at least one half of the total number of the members of the Academic Council have recorded their views on the Resolution.

 

VII.        HONORARY FELLOWS, PROFESSORS EMERITUS/HONORARY, TEMPORARY MEMBERS, ADJUNCT PROFESSORS

 

7.1       Honorary Fellows:  The Council may, on the recommendation of the Director, appoint Honorary Fellows.  Honorary Fellowship may be conferred by the Council on eminent scholars in recognition of their distinguished contribution to knowledge in subjects in which the Institute is interested, or on persons who have rendered eminent service to the Institute, or on persons who have made a noteworthy and lasting contribution to the cause of fundamental research in India.  Honorary Fellows shall enjoy such privileges as may be decided by the Council from time to time.

 

7.2              Professors Emeritus/Honorary:  The Council may, on the recommendation of the Director, designate a Professor, who has retired from the Institute after an unbroken period of at least twenty years of service, as Emeritus Professor or Honorary Professor.  Emeritus Professors and Honorary Professors shall enjoy such privileges as may be decided by the Council from time to time.

 

7.4              Temporary Members: Visiting scientists, visiting fellows, research scholars and students may be invited, or admitted to the Institute as temporary members for participating in the work of the Institute.  Temporary Members may be paid such honoraria as may be decided by the Director from time to time.

 

7.5              Adjunct Faculty: Eminent Scientists, Mathematicians and Engineers with excellent academic record, working in other institutions, may be invited by the Council to serve as adjunct faculty in the Institute.  Adjunct Faculty may be paid such honoraria as may be decided by the Director or the Council, from time to time.

 

 

VIII.    ADMISSIONS TO THE INSTITUTE

 

8.1              Applications: Applications for admission to the Institute shall be made to the Registrar on a prescribed form signed by the applicant.

 

8.2              Admission: A student shall be admitted normally after consideration of his / her application by the Academic Council / Faculty.

 

IX.       EXECUTION OF CONTRACTS ON BEHALF OF THE INSTITUTE

 

9.1       Contracts with Director: All contracts between the Institute and the Director shall be signed by the Chairman or any other person authorised by the Council for the purpose.

 

9.2       Contracts with others: All other contracts by or on behalf of the Institute shall be signed by the Director or by an officer of the Institute empowered by him.

 

X.        OTHER MATTERS FOR THE ADMINISTRATION AND MANAGEMENT OF THE INSTITUTE

 

10.1     Faculties, Deans, Faculty Board

 

10.1.1  Constitution of the Faculty: Each School shall have its own Faculty.  In addition, a Centre set up under Bye-law No. 6 may have its own Faculty with the specific approval of the Council.  The Faculties shall consist of all the academic staff which term includes Professors (Professor of Eminence, Distinguished, Senior and Full), Associate Professors, Readers and Fellows.  The Council at its discretion may nominate an academic staff member to more than one Faculty on the recommendations of the Director.  The members of each Faculty shall cooperate with one another so as to further the objective of the School and of the Institute as a whole.

 

10.1.2  Duties of the Faculty: It shall be the duty of the Faculties to advise the Director on all matters concerning the work of the respective faculties and other members under their purview.

 

10.1.3    Dean of the Faculty: The Director may nominate a member of the Faculty, normally not below the rank of Professor, as Dean of the Faculty or Dean Graduate Studies.

 

10.1.4  Duties of the Dean: It shall be the duty of the Dean in each Faculty to carry on the work of that Faculty under the control of the Director, in accordance with the Rules and Bye-laws of the Institute.  It shall be the Duty of the Dean, Graduate Studies to co-ordinate, with Faculty members and the Registrar, the activities as Deemed University.  The Deans shall be responsible to the Director, or to a Deputy Director nominated by the Director, or to the Centre Director, as the case may be, for the orderly transaction of business, both academic and administrative, pertaining to the Faculty and other members under its purview.

 

10.1.5  Delegation of powers to the Dean: The Director may, with the approval of the Council, delegate some of his powers governing a School to the Dean of the Faculty of the School or to the Dean, Graduate Studies, to be exercised in consultation with Deputy Director (if any).

 

10.1.6  Faculty Board: The Faculty Board shall consist of the Director, Deputy Directors, Deans of Faculties, Dean, Graduate Studies and such other members of the Faculties or officers of the Institute as the Director, with the approval of the Council, may decide from time to time.

 

10.1.7  Meetings of the Faculty Board: The Faculty Board shall meet at a time and place fixed by the Director, and formulate its own rules or procedures.  Its duty shall be to advise the Director on matters of policy and matters concerning the activities and development of the Institute, which may be referred to it by the Director.

 

10.2     Travel Allowance:  Allowance for members of the Council and of the staff of the Institute for travel in connection with the business of the Institute shall be paid in accordance with the rules framed by the Council for that purpose from time to time.

 

10.3    Attendance at Scientific  Conferences:

 

10.3.1  Members of the academic staff may be allowed to attend scientific conferences and congresses and may be deputed for specialised training or for the work of the Institute at the discretion of the Council in the case of the Director and of the Director, or a member of the staff to whom the power has been delegated by the Director, in the case of others.

 

10.3.2  Members of the staff, when deputed by the Institute under Bye-law 10.3.1., shall be eligible for deputation and traveling allowances as laid down by the Council from time to time.  In addition, the members so deputed shall be entitled to draw salary and dearness allowance, and be eligible for house rent and city compensatory allowances provided their dependents continue to stay in Mumbai.

 

10.4     Contribution to Scientific Periodicals: Contributions to scientific journals resulting from work carried on in the Institute by members of the staff of the Institute shall contain the Institute’s name.  A copy of every such contribution shall be sent to the Director as soon as it is published.  No contribution, which may relate to classified or confidential material, shall be made without the prior approval of the Director.

 

10.5     Extra mural lectures: Members of the academic staff may accept invitations to give courses of lectures in their field of work to Universities or learned societies, provided such lectures do not interfere with their work at the Institute, and provided further that the prior permission of the Director or a member of the staff to whom the power has been delegated by the Director has been obtained.

 

10.6     Examinerships: Members of the academic staff may, if invited to do so, and with the prior approval of the Director or a member of the staff authorised by him, accept examinerships for post-graduate degrees.

 

 

 


SCHEDULE TO BYE-LAW 4.1.14

 

S. No.

Description of posts

Appointing Authority

Authority competent to impose penalties

Appellate Authority

1.

Director, Deputy Directors, Professors, Financial Adviser to the Director, Registrar and other staff members in equivalent grades.

Council

Council

Council

2.

a.         All other academic staff.

b.         Administrative and Auxiliary staff in and above the scale of pay of Rs. 8000-275-13500 (as in 1996) or its corresponding scale as amended from time to time, but below the levels covered under Sr. No.1.

c.         Physicians and Dentists

d.         Engineers and Scientific Officers in and above the pay scale of Rs. 8000-275-13500 ( as in 1996) or its corresponding scale as amended from time to time, but below the levels covered under Sr. No.1.

e.         And all other staff members in equivalent grades.

Director

Director

Council

3.

All members of the Administrative staff, Medical staff, Technical and Scientific staff and the maintenance and Auxiliary staff below the levels covered under Sr. No.2

Director, or by delegation Dy. Director, Administration or Registrar

Director, or by delegation Dy. Director, Administration or Registrar

Council or by delegation Director

 

 



*  fixed at Rs.5000/- at present