Homi Bhabha National Institute

Rules

1. Short Title
    These rules shall be called the rules of the HOMI BHABHA NATIONAL INSTITUTE.

2. Address of the Institute
    The registered office of the Institute shall be at
        Knowledge Management Group
        Central Complex
        Bhabha Atomic Research Centre
        Trombay, Mumbai-400 085, INDIA.

3. Definitions (in alphabetical order)
    In these Rules unless the Context otherwise requires:
        (a) “Academic Council” means the Academic Council of the Institute.
        (b) “Authorities” means the authorities of the Institute.
        (c) “Council” means the Council of Management of the Institute.
        (d) “Chairman” means Chairman of the Council of Management of the Institute. (Equivalent to Chancellor of a University).
        (e) “Constituent Institutions” means institutions of DAE conducting the academic programmes of the Institute.
        (f) “Central Govt.” means the Department of Atomic Energy, Govt. of India.
        (g) “Director” means Director of the Institute (Equivalent to the Vice-Chancellor of a University.).
        (h) “Institute” means Homi Bhabha National Institute.

4. Authorities of the Institute
     The following shall be the authorities of the Institute:
        1. Council of Management
        2. Academic Council
        3. Finance Committee
        4. Such other authorities as may be declared by the bye-laws to be authorities of the Institute.

5. Powers & Composition of the Council of Management
    The Council of Management shall be the principal organ of management in the Institute. It shall be a compact and     homogenous body enabling it to take and implement promptly well considered decisions and to effectively handle all situations.

(a) Powers
The Council of Management shall be the principal executive body of the Institute and shall, in addition to all powers, vested in it, have the following powers:

i) To manage and administer the revenues and properties of the Institute and to conduct all administrative affairs of the Institute not otherwise specifically provided for.
ii) To ensure that the number of academic posts in each Constituent Institution for running the academic programmes are as per the stipulations of the University Grants Commission or even better.
iii) To approve, in consultation with the Academic Council, a mechanism for recognizing scientific staff (faculty and the research staff) working in Constituent Institutions as PG (Ph.D, M. Tech., M.Phil., PG Diploma and others) teachers and to appoint staff as faculty at all appropriate levels in HBNI on the recommendations of the Selection Committee (see section 10).
iv) To lay down the duties of the faculty maintained by the Constituent Institutions, in consultation with the Academic council.
v) To provide for appointment of Visiting Fellows, Visiting Professors and Adjunct Professors.
vi) To lay down an ethical policy for the conduct of all academic programmes.
vii) To grant leave of absence to the Director or any other officer of the Institute and to make necessary arrangements for carrying on the functions of the officers proceeding on leave during their absence.
viii) To regulate and enforce discipline among the employees of the Institute and to take appropriate disciplinary action, wherever necessary.
ix) To manage and regulate the finance, accounts, investments, property and all other administrative affairs of the Institute and for that purpose to appoint such agent or agents as it may deem fit.
x) To entertain and adjudicate upon and, if thought fit, to redress any grievances of the employees and students of the Institute.
xi) To select an emblem and to have a common seal for the Institute and to provide for the custody and use of such seal.
xii) To institute Fellowships, including Traveling Fellowships, Scholarships, Studentships, Medals and Prizes in accordance with the bye-laws to be framed for the purpose.
xiii) To amend and receive payment of fees and other charges.
xiv) To appoint such committees for such purpose and with such powers as the Council of Management may think fit and to co-opt such persons on these committees as it thinks fit.
xv) To appoint Auditors for the ensuing year.
xvi) To open account or accounts of the institute with any one or more scheduled banks and to lay-down the procedure for operating the same.
xvii) To manage the finances, accounts, investments, moveable properties, business and all other administrative affairs of the Institute.
xviii) To issue appeals for funds for carrying out the objectives of the Institute and consistent with the provisions of the objectives clause of the Institute, to receive grants, donations, contributions, gifts, prizes, scholarships, fees and other moneys, to give grants and donations, to awards prizes, scholarships etc.
xix) To purchase, take on lease or accept as gift or otherwise any land or buildings or works which may be necessary or convenient for the purpose of the Institute, and, on such terms and conditions as it may deem fit and proper and to construct or alter and maintain any such buildings or works.
xx) To draw and accept and make and endorse discount and negotiate Government of India's and other promissory notes, bills and exchange, cheques or other negotiable instruments.
xxi) To transfer or accept transfers of any moveable property on behalf of the Institute.
xxii) To advise on matters regarding acquisition, management and disposal of any immovable property on behalf of the Institute.
xxiii) To provide building or buildings, premises, furniture, fittings, equipment, appliances and other facilities required for carrying on the work of the Institute.
xxiv) To execute conveyance, transfer, Government Securities, re-conveyances, mortgages, leases, bonds, licenses and agreements in respect of property, moveable or immovable belonging to the institute or to be acquired for the purposes of the Institute.
xxv) To appoint, in order to execute and instrument or transact any business of the Institute, any person as attorney of the Institute with such powers as it may deem fit.
xxvi) To raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities founded or based on any of the properties and assets of the Institute or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the Institute, all expenses, incidental to the raising of money and to repay and redeem any money borrowed.
xxvii) To invest the funds of the Institute or money entrusted to the Institute in or upon such securities and in such manner as it may deem fit and from time to time transpose any investment.
xxviii) To maintain a fund to which shall be credited:
(a) All moneys provided by the Central or State Governments/University Grants Commission.
(b) All fees and other charges received by the Institute.
(c) All money received by the Institute as grants, gifts donations, benefactions, bequests or transfers and
(d) All money received by the Institute in any other manner or from any other source.
xxix) To deposit all moneys credited to the fund in scheduled banks or to invest them in consultation with the Finance Committee.
xxx) To maintain proper accounts and other relevant records and prepare Annual Statements of Accounts including the Balance-sheet for every previous financial year, in such form as may be prescribed by the Regulations/Bye-laws.
xxxi) To constitute, for the benefit of the teaching, academic, technical, administrative and other staff directly on the roles of HBNI, in such manner and subject to such conditions as may be prescribed by the Bye-laws such pension, insurance, provident, fund and gratuity as it may deem fit for the benefit of the employees of the institute and do aid in the establishment and support of Association, Institutions, Funds, Trusts, and conveyances calculated to benefit the staff and the students of the Institute.
xxxii) To delegate all or any of its powers to any committee or sub-committee constituted by it or the Director of the Institute or any other person.
xxxiii) To extend academic programmes to any other grant-in-aid institution of DAE engaged in research or a new R&D centre recommended by the Academic Council and approved by the Council of Management thereby making it a Constiuent Institution of HBNI.
xxxiv) To lay down conditions for conducting examinations or tests for admission to the courses taught in the Constituent Institutions, to lay down conditions for conducting examinations for Degrees and diplomas and to declare the results of such examinations and tests and to confer, grant or award Degrees, Diplomas, Certificates and other academic titles and distinctions.
xxxv) To fix the emoluments and traveling and other allowances of examiners, moderators, tabulators and such other personnel appointed for examinations in consultation with the Academic Council and the Finance Committee.
xxxvi) The Council of Management shall be the principal executive body of the Institute and shall/have the powers to take all necessary decisions for the smooth and efficient functioning of the Institute.
xxxvii) The Constituent Institutions will continue to manage hostels for the students or provide any other means for their stay during the period of studentship.
(b) Composition of the Council of Management
The Institute will be managed by a Council of Management whose composition is as follows.
    i. Chairman, Atomic Energy Commission (Ex-officio) Chairman
    ii. Member (Finance), Atomic Energy Commission (Ex-Officio)
    iii. Director, BARC (Ex-officio)
    iv. One of the following, to be nominated by Chairman, AEC
        a. Director, IGCAR
        b. Director, CAT
        c. Director, VECC
    v. Directors of two of the constituent grant-in-aid institutions under the administrative control of the Department         of Atomic Energy to be nominated by Chairman, AEC,
    vi. Up to two persons from amongst scientists, mathematicians and engineers/technologists of high repute in the fields related to the activities of the Institute and who are not in the service of the Institute or its Constituent Institutions to be nominated by Chairman AEC,
    vii. Chairman UGC or his/her nominee from amongst scientists, mathematicians and engineers/technologists of high repute in the fields related to the activities of the Institute,
    viii. Secretary, Department of Higher Education, Ministry of Human Resource Development, Govt. of India shall be a member.
    ix. Director of the Institute (Ex-Officio).
    x. Dean of the Institute (Ex-officio).

    Director of the Institute will be appointed by Chairman, AEC and would have a senior adjunct position in a research centre or a grant-in-aid institution of DAE. Dean of the Institute will act as the Member-Secretary of the Council of Management.

(c) Terms of Membership
All the members of the above body other than ex-officio shall hold office for a term of three years and shall be eligible for reappointment.

(d) Meetings of the Council of Management
    (i) The Council of Management shall meet as often as necessary, but not less than two times a year. Not less than 15 days notice shall be given for a meeting of the Council of Management.
    (ii) Every meeting of the above Body shall be presided over by its Chairman, and in his absence a member, chosen by the members present from amongst themselves, shall preside over the meeting.

6. Constitution of Standing Committee and Appointment of Ad-Hoc Committee by the Council of Management
    (i) Subject to the provision of the Rule/Bye-laws of the Institute, the Council of Management may by a resolution constitute such Standing Committee or co-Committee or Ad-hoc Committee or Committees for such purposes and with such powers as the Council may think fit for exercising any power or powers or discharging any functions of the Institute or for inquiring into reporting and advising upon any matter of the Institute.
    (ii) The Chairman of committees so constituted may co-opt such persons on the standing Committees or ad-hoc Committees as it may consider suitable with the approval of the Chairman of the Council of management.

7. Delegation of Powers of the Council of Management
The Council of Management may by a resolution, delegate to the Chairman, Director or any other officer of the Standing Committee or the Ad-hoc Committee such of its powers as it may deem fit, subject to the condition that the action taken by the Chairman or the Director or the officer concerned or the Standing, Committee or the Ad-hoc Committee concerned in the exercise of the powers so delegate shall be reported at the next meeting of the Council of Management.

8. Academic Council
The Academic Council shall be the principal academic body of the Institute and shall, subject to the provisions of the Memorandum of Association and the Rules and Bye-laws shall have the control over and be responsible for the maintenance of standards of education, teaching and training, co-ordination between the Constituent Institutions, research, examinations and tests within the Institute and shall exercise such other powers and perform such other duties and functions as may be prescribed or conferred upon it by the Rules and Bye-laws. The Academic Council will make recommendations to the Council of Management on all academic matters.
(a) Membership of the Academic Council
i. Director of the Institute will be the Chairperson of the Academic Council,
ii. Directors of all the Constituent Institutions (see section 11),
iii. Conveners of all the Boards of Studies (see section 12),
iv. Up to three persons from amongst scientists, mathematicians and engineers/technologists of high repute in a field related to the activities of the Institute and who are not in the service of the Institute or any of its Constitute Institutions to be nominated by Chairman AEC,
v. Up to three persons co-opted by the Academic Council for their specialized knowledge,
vi. Dean will be the Member-Secretary to the Academic Council.

(b) Powers and Functions of the Academic Council
The Academic Council shall be the principal academic body of the Institute and may by a resolution constitute a Standing Committee as the Council may think fit for exercising any power or powers or discharging any functions of the Institute or for inquiring into reporting and advising upon any matter of the Institute. The Academic Council shall, in addition to all other powers and duties vested in it, have the following powers and duties viz:
(a) to exercise general supervision over the academic work of the Institute and to give direction regarding methods of instructions, evaluation or research or improvements in academic standards.
(b) To promote research within the Institute, acquire reports on such researches from time to time.
(c) To consider matters of academic interest either on its own initiative or at the instance of the Council of Management and to take proper action thereon.
(d) To make arrangements for the conduct of examinations in conformity with the bye-laws.
(e) To create framework for maintaining proper standards of the examinations.
(f) To recognise diplomas and degrees of Universities and other Institutions and to determine equivalence with the diplomas and degrees of the Institute.
(g) To create framework for prescribing course and research requirements leading to degrees and diplomas of the Institute.
(h) To create framework for appointing examiners, moderators, tabulators and such other personnel for different examinations.
(i) To suggest measures for co-ordination between the Constituent Institutions.
(j) To make recommendations to the Council of Management on :
    (i) Measures for improvement of standards of teaching, training and research.
    (ii) Institution of Fellowship, Traveling Fellowships, Scholarships, Medals, Prizes etc.
    (iii) Declaring any aditional grant-in-aid institution of DAE engaged in research or a new R&D centre of DAE as Constituent Institution of HBNI, and
(iv) Bye-laws covering the academic functioning of the Institute, discipline, residence, admissions, examinations, award of fellowships and studentships, freeships, concessions, attendance etc.
(k) To appoint sub-committees to advise on such specific matters as. may be referred to it by the Council of Management.
(l) To consider the recommendations of the sub-committees and to take such action (including making of recommendations to the Council of Management) as the circumstances on each case may require.
(m) To take periodical review of the academic activities of the Constituent Institutions and to take appropriate action (including making of recommendations to the Council of Management) with a view to maintaining and improving the standards of instruction.
(n) To exercise such other powers and perform such other duties as may be conferred or imposed upon it by the rules and bye-laws.
(o) To recommend to the Council of Management a mechanism for recognizing scientific staff (faculty and the research staff) working in Constituent Institutions as PG (Ph.D, M. Tech., M.Phil., PG Diploma and others) teachers, and to recommend to the Council of Management instituting teaching posts.
(p) To recognize regular members of the Constituent Institutions as thesis advisors on the recommendation of the Boards of Studies.
(q) To recognise any individual, who is not a regular member of any of the Constituent Institutions, as co-advisor of a student pursuing an academic programme in the Institute with the objective of promoting collaboration between HBNI and the Institution to which the co-advisor belongs.

(c) Meeting of the Academic Council
i. The Academic Council shall meet as often as may be necessary but not less than two times during the academic year.
ii. One third of the total members of the Academic Council shall constitute the quorum for the meeting of the Academic Council.
iii. Any business which it 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 among 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.

(d) Terms of the Academic Council
All members of the Academic Council other than ex-officio members shall hold office for a term of two years.

9. Finance Committee
The finance Committee shall consist of the following members:
i. Director of the Institute – Chairman of the committee.
ii. A person nominated by the Chairman of the Council of Management.
iii. Finance Officer of the Institute.

(a) Terms of Office of the Finance Committee
All members of the Finance Committee other than ex-officio members shall hold office for a term of two years.

(b) Powers and Functions of the Finance Committee
(a) The Finance Committee shall meet at least twice a year to examine the accounts and to scrutinise proposals for expenditure.
(b) The annual accounts and financial estimates of the Institute shall be placed before the Finance Committee for consideration and thereafter submitted to the Council of Management together with the comments of the Finance Committee for approval.
(c) The Finance Committee shall fix limits of the total recurring expenditure and the total non-recurring expenditure of the year based on the income and resources of the Institute. No expenditure shall be incurred by the Institute in excess of the limits so fixed.
(d) No expenditure other than that provided in the budget shall be incurred by the Institute without the approval of the Finance Committee.
(e) To recommend to the Council of Management the creation of all types of posts.

10. Selection Committee
All Constituent Institutions have their systems of selection and recruitment and they will continue to follow their existing systems. of recruitment. There shall be a Selection Committee for each subject to make recommendations to the Council of Management for appointing staff as faculty at all appropriate levels in HBNI.
Every selection Committee shall consist of the following members.
i. Director of the Institute as Chairman
ii. A person nominated by the Chairman of the Council of Management,
iii. Dean of the Institute,
iv. Chairman, Board of Studies, provided he is a Professor,
v. Up to two outside experts nominated by the Chairman, Council of Management, from a panel of not less than four names recommended by the Academic council and approved by the Council of Management
The meetings of the Selection Committee will be convened by the Chairman of the Selection Committee as and when necessary. Four members of the Selection Committee shall form the quorum, consisting of at least two experts.

11. Constituent Institutions
The academic programmes of the Institute will be conducted at the following Constituent Institutions,
i. Bhabha Atomic Research Centre (BARC), Mumbai
ii. Indira Gandhi Centre for Atomic Research (IGCAR), Kalpakkam
iii. Raja Ramanna Centre for Advanced Technology (CAT), Indore
iv. Variable Energy Cyclotron Centre (VECC), Kolkata
v. Saha Institute of Nuclear Physics (SINP), Kolkata
vi. Institute of Physics (IOP), Bhubaneshwar
vii. Institute of Plasma Research (IPR), Gandhinagar
viii. Harish Chandra Research Institute (HRI), Allahabad
ix. Institute of Mathematical Sciences (IMSc), Chennai
x. Tata Memorial Centre (TMC), Mumbai

Any other grant-in-aid institution of DAE engaged in research or a new R&D centre of DAE recommended by the Academic Council and approved by the Council of Management will be a Constituent Institution.

12. Boards of Studies
A Board of Studies will be constituted for each discipline in which a degree is offered by the Institute, namely,

i. Physical Sciences
ii. Chemical Sciences
iii. Life Sciences
iv. Engineering Sciences
v. Mathematical Sciences.
vi. Strategic Studies
vii. Health Sciences

Boards of Studies will be constituted by the Academic Council and each Board will have up to 10 members, other than balancing members, and two members will retire every year. Each Board of Studies will have a convener, who will be a member of the Academic Council. The members need not be on the rolls of any Constituent Institution, however, the convener will be from a Constituent Institution. The Academic Council may decide to constitute any additional Board of Studies.

Since one of the important objectives of the Institute is to encourage interdisciplinary research, each Board of Studies will nominate one of its members to be a balancing member of each of the other Board of Studies and the members will be chosen based on their expertise. For example, Board of Studies in Physical Sciences may nominate a member having interest in some aspects of life sciences on the Board of Studies in Life Sciences, while a member nominated on the Board of Studies in chemical sciences has to be someone interested in chemistry. Each Board would thus have 4 balancing members.

All members of the Boards of Studies will possess eligibility to be an advisor of a Ph.D. programme or an M.Tech. programme. The Board of Studies will be constituted by the Academic Council based on the nominations received from the Constituent Institutions, subjects being pursued by the Constituent Institutions, eminence of individuals and any other criteria to be specified by the Council of Management.

The tasks of the Boards of Studies are:
(a) To specify the academic qualifications required for admission to a degree/ diploma programme,
(b) To create an academic framework for conducting entrance examinations and interviews for candidates in the relevant subjects,
(c) To prescribe the course requirements of each programme based on the framework laid down by the Academic Council and to plan the courses offered each year,
(d) To prescribe the requirements of the qualifying examination for the Ph.D. programme,
(e) To ensure that topics of research chosen by research students and theses advisors in the given subject are related to the programme profile of the DAE,
(f) To create an academic framework for conducting all degree examinations, selecting examiners for the Ph.D. thesis and the viva-voce examination, evaluating the reports and recommending the granting of degrees.
(g) To recognize as per the mechanism approved by the Academic Council, scientific staff (faculty and the research staff) working in the Constituent Institutions as PG (Ph.D., M.Tech., M.Phil., PG Diploma and others) teachers.
(h) All such academic functions as may be specified by the Academic Council.

The course content prescribed by the Boards of Studies shall have sufficient flexibility to allow the faculty to innovate and develop the subject in line with the current and the projected developments in the field. Interdisciplinary programmes will be encouraged and will be so organized that a student pursuing an interdisciplinary programme will interact with only one advisor and one Board of Studies for all administrative requirements but with the proviso that the advisor will be empowered to coordinate with the other Boards and the co-advisors, as necessary.

To promote interdisciplinarity and enrichment of students by interaction with various institutions, a system of credit accumulation and recognition will be put in place and this system would acknowledge the credits earned by a student from institutions which are Constituent Institutions of the HBNI and also from those which are not.

The detailed requirements and procedures for each subject will be spelt out in “Subject Guidelines and Procedures” to be formulated by each Board. In exceptional cases, the Board may recommend to the Academic Council suitable waivers of these requirements.

All programmes and procedures will be so organised that the new communication and computer based technologies can be effectively used to modernise as well as increase efficiency in the process of teaching, research, examination and administration.

A Board of Studies may appoint sub-committees of experts, with additional co-opted members, to make recommendations to it on any matter where expert opinion is required. The Board of Studies may decide to approve routine matters by circulation. All the Boards will decide on their working methodology in such a manner that the geographical spread of the Constituent Institutions does not become a hindrance to their working in an efficient manner.

All activities of the BARC Training School and its Affiliate Training Schools (at RRCAT, NFC & NPCIL) will continue to be governed by the Training School Committees as at present. However, the academic content of the programmes would be subject to review and approval by the respective Boards of Studies and the Academic Council.

13. Officers of the Institute
The following shall be the officers of the Institute :
(i) Chairman, Council of Management
(ii) Director
(iii) Dean
(iv) Finance Officer and such other officers as may be prescribed in the Bye-laws.

(a) Chairman
The Institute shall have a Chairman who by virtue of his office will be the Head of the Institute and shall, when present, preside over the convocations of the Institute.

Where power is conferred upon the Chairman to nominate persons to authorities, the Chairman shall to the extent necessary nominate persons to represent the various interests for the furtherance of the objectives of the institute.

(b) Director
The Director shall be appointed by the Chairman, Atomic Energy Commission and would have a senior adjunct position in one of the Constituent Institutions of HBNI or in the DAE. The service condition of the Director will be the same as are applicable to any officer of the constitutent institution, he/she belongs to.

Once appointed, he/she will hold office of Director for a period of five years or till the date of his/her superannuation from the Constituent Institution he/she belongs to, whichever is earlier. He/she can be reappointed for another term. The date of appointment of the first incumbent will be June 3, 2005 which is the date of notification of the MHRD granting the status of Deemed University to HBNI.

If the office of the Director becomes vacant due to death, resignation or otherwise and in his/her absence due to illness or any other cause, the Dean shall perform the duties of Director until a new Director is appointed or as the case may be the existing Director resumes duties.

i) The Director, shall be the Principal and executive officer of the Institute and shall exercise general supervision or control over the affairs of the Institute and implement the decisions of all the authorities of the Institute.
ii) The Director may, if he/she is of the opinion that immediate action is called for on any matter exercise any power conferred upon any authority of the Institute under the Memorandum of Association and the Rules and Regulations/Bye-laws, take such action or proceed to take such action and shall report to the concerned authority on the action taken by him on such matters.

Provided that if the authority concerned as mentioned in clause (i) above is of the opinion that such action ought not to have been taken, it may refer the matter to the Chairman whose decision thereon shall be final.
Provided further that any person in the service of the Institute is aggrieved by the action taken by the Director under the said clause he/she shall have the right to appeal against such action to the Council of Management within 30 days from the date on which such action is communicated to him and thereupon the Council of Management may confirm, modify or reverse the action taken by the Director.
iii) It shall be the duty of the Director to ensure that the Memorandum of Association, the Rules, Bye-laws and Regulations of the Institute are duly observed and implemented and he/she shall have all the necessary powers in this regard.
iv) The Director shall exercise general control over the affairs of the institute and shall be mainly responsible for implementation of the decisions of the various authorities of the Institute.
v) All powers relating to the proper maintenance and discipline of the institute shall be vested in the Director.

vi) The Director shall exercise such other powers and perform such other functions as may be prescribed by the Rules and Bye-laws and Regulations.
viii) The Director shall exercise all other powers as may be delegated to him/her by the Council of Management.
ix) The Director shall have the power to re-delegate some of his powers to any of his/her subordinate officers with the concurrence and approval of the Council of Management.
x) The Director shall have the power to convene or cause to be convened meetings of the various bodies of the Institute.
xi) In case of emergency/exigency, the Director of HBNI will exercise the powers of the authorities of HBNI and thereafter get the actions ratified in the next meeting of the concerned authority. Director can also exercise powers of any officer of the institute in the case of an emergency.

(c) Dean
(i) The Dean shall be appointed by the Chairman Atomic Energy Commission and would have a senior adjunct position in a Constituent Institution of HBNI or in DAE. The service condition of the Dean will be the same as are applicable to any officer of the constituent institution, he/she belongs to.

Once appointed, he/she will hold office of Dean for a period of five years or till the date of his/her superannuation from the Constituent Institution he/she belongs to, whichever is earlier. He/she can be reappointed for another term. The date of appointment of the first incumbent will be June 3, 2005 which is the date of notification of the MHRD granting the status of Deemed University to HBNI.
(b) When the office of the Dean is vacant or when the Dean is absent by reason of illness or any other reason the duties and functions of the Dean shall be performed by such other person as the Director may appoint for the purpose.
(c) The Dean shall be ex-officio Member-Secretary of the Council of Management, the Academic Council.
(d) The Dean shall be directly responsible to the Director of the Institute.
(e) The following shall be the duties of the Dean
i) To be Custodian of the records, the funds of the Institute and such other property of the Institute as the Council of Management may commit to his charge.
ii) To conduct the official correspondence on behalf of the authorities of the Institute.
iii) To issue notices convening meetings of the authorities of the institute and all Committees and Sub-Committees appointed by any of these authorities,
iv) To keep the minutes of the meetings of all the authorities of the institute and of all the committees and sub-committees appointed by any of these authorities.
v) To make all administrative arrangements for and supervise the examinations conducted by the Institute or to prescribe administrative procedures for the conduct of examinations by the Constituent Institutions.
vi) To represent the Institute in suits or proceeding by or against the Institute, sign powers of attorney and perform pleadings or depute his representatives for this purpose.
vii) To enter into agreement, sign documents and authenticate records on behalf of the institute.
viii) To hold in special custody books and documents of the Institute.
ix) To safeguard and maintain the buildings, gardens, office, canteen, cars and other vehicles, laboratories, libraries, reading rooms, equipment and other properties of the Institute.
x) To perform such other duties as may be specified in the Rules and Bye- laws or as may be specified by the Council of management of the Director from time to time.

(d) Finance Officer
The Finance Officer shall be appointed by the Council of Management and will have an adjunct position in some other institution of DAE.

The Finance Officer shall work under the supervision of the Director/Dean and will be accountable to the Council of management through the Director. He would be the Ex-officio Member-Secretary of the Finance Committee. He would be an advisor to the Director for financial matters.

Subject to the control of the Council of Management to manage property and investments of the institute, he/she shall be responsible for the preparation of annual estimates and statements of account for submission to the Finance Committee and the Council of Management.

14. Delegation of Powers
Subject to the provisions of these Rules and Bye-laws any officer or authority of the Institute may delegate his or its power to any other officer or authority or person under their respective control and subject to the conditions that the overall responsibility for exercise of the powers so delegated shall continue to rest in the officer or Authority delegating such powers.

15. Dispute as to Membership
If any question arises, whether any person has been duly elected or appointed or is entitled to be a member of any authority or any committee to the institute, the matter shall be referred to the Chairman of the Institute, whose decision thereon shall be final.

16. Review of the Academic Activities of the Institute
i) The functions of the Institute shall be reviewed after a period of every 5 years or even earlier, if necessary, by a Committee appointed by the Council of Management. The report of the committee will be examined by the Council and forwarded to UGC with appropriate comments.

ii) The report of the Committee and the comments of the Council shall be considered by the UGC. In the event of an adverse appraisal of the Institute, the Commission shall direct the Institute to take immediate remedial measures. In the event of non-compliance of the Commission's directions within the specified period as determined by the UGC in this respect, the Commission shall have the right to recommend to the Government of India for the revocation of the Notification issued earlier declaring an Institution as deemed to be university.

17. Resignation
Any member other than an ex-officio member of any authority may resign by a letter addressed to the Dean and the resignation shall take effect as soon as it is accepted by the Chairman of the Council of Management

18. Acting Chairman of the Meetings
Where no provision is made for a Chairman to preside over a meeting of an authority of the Institute or any Committee of such authority, or if the Chairman so provided is absent, the members shall select one from amongst themselves to preside at such meeting.

19. Validation of Certain Acts, Decisions
No Act or proceedings of any authority or any body or any Committee of the Institute shall be invalid merely by reason of:

a) any vacancy therein or any defect in the constitution thereof, or
b) any defect in the nomination of appointment of a person acting as a member thereof, or
c) any irregularity in its procedure not affecting the merits of the case.

20. Disqualification
(a) A person shall be disqualified for having chosen as and for being a member of any of the authorities of the Institute.

i) If he is of unsound mind or is deaf or mute.
ii) If he is an undischarged insolvent.
iii) If he has been convicted by a court of law of an offence involving moral turpitude.

(b) If any question arises as to whether a person is or has been subjected to any disqualifications mentioned above, the question shall be referred for decision to the Chairman and his decision shall be final and no suit or proceeding shall lie in any civil court against such decision.

21. Filling of Casual Vacancies
Casual vacancies among the members (other than ex-officio members) of any authority or any other Committee of the Institute shall be filled as soon as it may be convenient by the person or the authority who appointed or co-opted the member whose place has become vacant and the person appointed or co-opted to a casual vacancy shall be member of such authority or Committee for the residual term for which person whose place he fills would have been a member.

22 Bye-laws
Subject to the provisions of the Memorandum of Association and the Rules and By-laws, the Council of Management shall, in addition to all the other powers vested in it, have the power to frame Bye-laws which may provide for all or any or the following matters:

(a) the admission of students to the Constituent Institutions and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the Institute;
(c) the grant of academic awards (such as degrees and diplomas) and distinctions;
(d) the fees to be charged for courses of study in the institute and for admission to the examination, degrees, diplomas and certificates of the Institute.
(e) the institution of and prescription of the conditions of the award of fellowships scholarships, studentships, medals and prizes;
(f) the conduct of examinations, appointment of examiners and approval and publication of results thereof
(g) the maintenance of discipline among the students;
(h) the maintenance of discipline among the employees of the Institute;
(i) the constitution of pension, provident fund, insurance etc. for the benefit of the staff of the Institute;
(j) the creation, composition and functions of any committees or body, which is considered necessary for the work of the Institute;
(k) the preparation and submission of budget estimates for all activities including administeration, admissions, research and conduct of examination;
(l) the procedure for convening of meeting of any authority or committee;
(m) the laying down of procedures to be observed at any meeting of any authority or any committees;
(n) to constitute any other body as an authority of the Institute.
(o) all other matters which by this Memorandum or the Rules may be provided for by the Bye-laws provided that no Bye-laws shall be made affecting the condition of residence health of disciplines of student, admission or enrolment of students, conditions mode of appointment or duties of examiners or the conduct or standard of examinations or any course of study without consulting the Academic Council.

23. Interpretation Clause
In the event of conflict of opinion with regard to interpretation of Memorandum of Association or the Rules and Bye-laws, the opinion of the Central Government shall be final

24. Income and Property of the Institute to be utilised for its object only
The income and property of the Institute however derived shall be utilised solely for promoting the objectives of the Institute-as set out in this Memorandum of Association.

25. Bar on Payment of Transferring of the Income and Property of the Institute by way of Profit
No portion of the income and property of the Institute shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise howsoever by way of profit to the persons who were at any time or are members of the Institute or to any of them or any persons claiming through them or any of them provided that nothing herein contained shall prevent the payment in good faith of remuneration to any member thereof or other person as consideration for any service rendered to the institute or for traveling or other allowances and such other charges.

26. Adjustment of Income and Property on Dissolution of the Institute
After, on the winding up or dissolution of the Institute there shall remain after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid or distributed among the members of the Institute or any of them but shall be transferred to the Constituent Institutions, or other bodies in consultation with the agencies concerned who have helped in creation of those assets.

27. Legal Proceedings
i) For the purpose of Section 6 of the Societies registration Act, 1860, the person in whose name the Institute may sue or be sued shall be the Dean.
ii) No suit or legal proceedings shall lie against the Central Government or UGC or the Institute or an Officer of the Institute or a member of the authority of the Institute in respect of anything done in good faith or purported or intended to be done in pursuance or any article of Memorandum of Association or the Rules of Bye-laws made thereunder.

28. Alterations, Amendments, and Additions in the Rules
The Rules and Bye-laws of the Institute may be altered, amended and added to by the Council of Management in accordance with the provision of the Societies Registration Act, 1860, as in force for the time being provided any such alterations, amendments and additions in the Rules of the Institute shall become effective only after the receipt of concurrence of the Government of India.

29. Funds, Accounts, Audits and Annual Report
(i) The funds of the Society shall be utilised solely for the purpose of the Society.
(ii) The accounts of the Institute shall be maintained in the name of the Institute. The accounts of the Institute shall be kept in such forms as may be laid down by the Council of Management shall conform to the rules, if any, prescribed by the University Grants Commission/the Government of India. The accounts of the Institute will be open to examination by the Comptroller and Auditor General of the Government of India.
(iii) All funds belonging to the institute or under the control of the Council of Management shall be shown separately in the accounts of the Institute.
(iv) Annual Reports and the Audit Reports shall be submitted to the Government of India within nine months of the closure of the accounting year for the purpose of being laid down on the table of the Parliament.
(v) The accounts of income and expenditure as also the annual financial statement and annual accounts shall be audited by the Comptroller and Auditor General of the State concerned.

30. The Dean, HBNI shall resolve the individual grievances and complaints through the authorities of the Constituent Institutions or the Institute as the case may be.

31. For the adjunct faculty/staff the seniority list will be maintained in the respective Constituent Institutions. The seniority list of those on the rolls of HBNI will be maintained in HBNI.